Full text of "The charter with its amendments, and the revised ordinances, of the city of Manchester."

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THE

C H A ETE R

WITH ITS

AMENDMENTS

AND THB

REVISED ORDINANCES.

0? THE

CITY OF MANCHESTER.

PUBUSHED USDER THE AUIflORITY OF THE CITY CODSCIL

MANCHESTER, N. H.,

HENRY A. GAGE & Co., PRINTERS.

1859.

tW^it*i*C i'iiVjrtV"^'

CITY OF MANCHESTER.

In Board of Aldebmej!? :
An Order — Authorizing the Printing and Binding of the City Charter

aDd Ordinances,

Ordered, if the Common Council concur, That the City Clerk be
and he is hereby authorised to procure for the use of the members of
the City Council the printing and binding of two hundred copies of the
City Charter and Ordinances of the City of Manchester, and charge
the same to the appropriation for incidental expenses.

Feb. 1, 1859.

Passed to be enrolled. . HORACE PETTEE, President.

February 1, 1859, In Board of Mayor and Aldermen : Passed.

E. W. HARRINGTON, Mayor.

AUSURN UNIVESSin LIBRARIES
AUBURN, ALABAMA 36839

FEB 4 '75

RST

THE CHARTER

Be it enacted by the Senate and House of Rep-
resentatives in General Court convened.
Section 1. The inhabititants of the town of JSr fo bl*°s^
Manchester, in the County of Hillsborough, under the^'nlme
shall continue to be a body corporate and poli- chesteJ, °
tic under the name of the City of Manchester ;
and as such, shall have, exercise and enjoy all aiuhe^powe^^ &
the rights immunities, powers and privileges, the"iwbiiiti*e''s *"
and shall be subject to all the duties and obli- ''^^
gations now incumbent upon, and appertaining
to, said town, as a municipal corporation.

Sec. 1, OP THE Amendment. That tlie ad- -^'^TfiS'pru^-
ministration of all the fiscal, prudential and mu- i^paT affki^^to
nicipal affairs of said city and the government mayor!^** ^'^ ^^^
thereof, shall be vested in one principal officer, to
be styled the Mayor, who shall be chosen by the
inhabitants of said city at large, voting in their

.. T y-( •! p • 1 1 1 To be one coun-

respective wards ; one Council oi six, to be de- cu of six, styi-
nominated the Board of Aldermen ; one Council ermen, one of w
of eighteen, to be denominated the Board of Com- com. council,
monCouncil.which two boards shall, in their ioint in their joint ca-

•^ pacitv to be cat-

capacity, be denominated the City Council. A led city council.

majority of each Board shall constitute a quo-b'dTquoramj

rum for the transaction of business. No mem-

^°ei^^^^^pen°.ber of either Board shall receive any compen-

To be divided in
to six wards.

sation for his services.

Sec. 2, of Am't. The City of Manchester
hereby is, and shall continue to be, divided into
six wards, which shall be constituted as follows,
viz:
Ward one to be Ward No. 1 shall includc all that part of the
City situated between Merrimack river on the
west, and Elm street on the east, and the centre
line of Market street produced to the river on
the south and the centre line of the road lead-
, ing from the Amoskeag Falls bridge to Elm

street on the north.
Ward two. Wasd No. 2 shall include all that part of the

City situate between Elm street on the east,
and the Merrimack river on the west, and be-
tween the south line of ward No. 1 on the north,
and a line from the point where Elm street
intersects the old river road near the Yalley
Cemetery, due west to the Merrimack river on
the south.

Ward No. 3 shall include all that part of the
City now included within the limits of School
District No. 1, and so much of School. District
No. 2, as is situated east of Elm street, and
north of the centre line of Lowell street produc-
ed to the easterly line of said School District
No. 2.

Ward No. 4 shall include all that part of the
city situated between Elm street on the west
and the Wilson road on the east, and between
the south line of ward No. 3 on the north and
Hanover street on the south.

Ward No, 5 shall include all that part of the
city situate between Elm street on the west and

"Ward three;

Ward four-

Ward five.

the Wilson road on the east, and the south line
of ward No. 4 on the north and the centre line
of Central street produced to the Wilson road
on the south.

Ward No. 6 shall include all that part of the ^^'^^-^ ^^^
city which is not included in any of the above
wards.

Sec. 3, of Am't. Each of the city wards shall Each of the cUy
be a town for the purpose of the election of town for certain

purposes.

governor, councillors, senators, representatives
to the general court, all county officers, rep-
resentatives to Congress, and electors of
President and Vice President of the United
States. No person shall be considered as dwell-
ing or having his home in any of said towns f^^^g^^fj^^^^y^f
for the purpose of voting therein, unless hej^e^'sfh^hasresid'
shall have resided within said town three months townTmouths!''
next preceding the day of any meeting in which
lie claims a right to vote.

Sec. 4, op Am't. Three selectmen, a modera-

. -I , T11111 iji- 1 ji Selectmen mocl-

tor and town cierii shall be elected m each oi erator and toAvn
said towns, who shall have the powers, perform
the duties, and be subject to the liabilities ofxheir duties and
those officers in other towns, so far as relates to
the warning of meetings, regulating, correcting .
and posting up check-lists, deciding upon the Post up ckcck-.
qualification of voters, conducting elections, de-
claring the votes, and recording the same, the
return of votes to the Secretary of State, mak-
ing certificates of elections, and all other mat-seVy'"orsuitet

■ • &C-

ters relating to elections, as fully as if the same
were herein specifically enumerated, and shall

To perform all

also perform and discharge all the duties of duties of vard-

••■ " ens, inspectors

wardens, inspectors and ward clerks. ""'^ ''^^"^ '^''-''''*^-

^'^?'^i\ ^eetinff Sec. 5 of Am't. The annual meeting; of the

to be 2d Tuesday °

of March. inhabitants for the choice of city and ward offi-
cers, shall be holden on the second Tuesday of
town*officers to Marcli, and all city, ward and town officers who
ballot, &'to hold are chosen by the people, shall be chosen by bal_
y r c. j^^^ ^^^ shall hold their respective offices for one
year from the third Tuesday of March, and un-
til others are chosen and qualified in their stead.
Clerk to record ^hc clcrk shall rocord the votes, and proceed-
votes. jj-^gg qJ ^y[ town or ward meetings, shall enter

on the records the names of all persons voted
for, and the number of votes given for each in
To deliver to hia '^oi'^ls at Icugth, The clcrk shall deliver to his
books &cr''''" successor in office all the records, record books,
journals, documents and other things held by
him in his capacity of clerk,
choose Tm. & Sec. 6, of Am't. Each ward shall, at the an-
cUm"r°° *'°"°"nual meeting, choose one alderman, and three
members of the common council ; but if the
dioicV^o7'ci'ty ^^^°^^® ^^ ^^^®^'™^"^ ^^^^ common councilmen
t(f 'be^Ld7'"fro"m ^^^ towu Or Ward officers cannot be convenient-
day to day. 2^ made or completed on that day, the meeting
shall be adjourned from day to day to complete
„, , ^ the choice. The clerk shall, within twenty-four

Clerk t o ^ I V e ' •'

»en''aid^''or"conn- l^o^rs of sucli choicc, dclivcr to each person cho-
cat^'^of ^le'^ct'iM sen alderman or common councilman, a cerifi-
withm 21 hours. gg^^Q Qf gigctJQn signed by himself, the modera-
tor, and a majority of the selectmen.
Mayor, how eie.- Sec. 7, OF Am't. Tho quahficd votcrs in
^^^- each ward shall, at the annual meeting, give in

to the moderator their votes for a mayor, which
shall be received, sorted, counted and declared,

A record of the ^ . ,

votes to be deiiv- and a record thereof made m the same manner

ered to c!ty clerk

within 24 hours as votcs for scuators, a copy of the record of

wliicli shall be delivered to the city clerk, within ?ftereach meet-

twenty-four hours after every and each meeting.

The city clerk shall, immediately after receivino; to be immedi-

•^ . ' "^ . ° ately entered on

said copies, enter the same on the city records, the city rec'ds&

'■ ^ •/ > the copies laid

and then lay the said copies before the mayor and before the mayor

■^ * *' ana aldermen.

aldermen, who shall thereupon examine the

same, and cause the person who shall have been Person elected

. . mayor to be noti-

chosen mayor by a majority of votes m all the s^'J-
wards, to be notified in writing of liis election.
If a mayor shall not have been so elected, or shall ie"ot*ion*; or reft!-
refuse to accept the office, the mayor and alder-office, a ree'd of
men shall make a record of the fact, and forthwith made & another

. meeting called.

issue their precept to the selectmen, requiring
them to call meetings in their respective wards
for another election, and shall fix the time when
said meeting shall be called, and the same pro-
ceedings shall be had from time to time until a
mayor shall be chosen. Whenever the office of"®'=s of Mayor

'' becoming vacant

mayor shall become vacant by death, resignation ,''>' ^^^^^ o'" °}J;-

•' J ■) c^ 'evwise, to be fill-

er otherwise, the boards of aldermen and com-?*^ ^^ city coun.

' in convention.

mon council shall, respectively, by vote, declare
the same and the cause thereof, and the two
boards shall thereupon meet in convention and
elect a mayor to fill such vacancy as long as
said cause shall continue, or until a new election.
The mayor and aldermen shall issue their war-^^^^gj^g^^^^/f^;
rant for a general meeting of the inhabitants,fgqjg™"J'',]^'ioo
whenever requested so to do, in writing, by one-'*^^^ ^°**^'"^'
hundred legal voters. The board of aldermeuj^'dges *ot their
shall be final judge of the election and qualifi-""^" election.
cations of its members ; and whenever a vacan-
cy shall occur, may order a new election.

Sec. 8. The Mayor, Aldermen and Common
Council shall, before entering on the duties of

To take oath of their officG, be sworn to the faithful performaace

office. '■

of the duties of their respective offices ; and,
ro meet in con- fo^" ^^^^^ purposc, shall meet in convention on
purS^on sfd the third Tuesday in March, in eacli year, at ten
eachVeL.^^"^^ of the clock in the forenoon ; when such oath
By whom admin- mav bc administered to the mayor elect, if pres-

istered. "^ j 7 r

ent, by any judge of any court of record in the
State, or by any justice of the peace for the
County of Hillsborough ; and to the aldermen
and common councilmen, by the mayor, he be-
ing first sworn as aforesaid, or by such justice
of the peace.
Certificate of such ^ certificate that such oath has been taken,

oath to be entered "

iToirX.' "^ ^°^^ ^^^^^^ ^^ entered in the journal of the mayor and
aldermen, and of the common council, by their
respective clerks. If, from any cause, the mayor,
or any one or more of the aldermen or common
srnceroat'hmav ^°^"^^^^^®^5 ^^^^^1 ""^t be prcscnt ou tlic third
at'anhme after Tues-day In March, to take the oath required of
them, the same may be administered to them
at any time thereafter, before entering on the
duties of their office.
S'officer- to" Sec. 9. The mayor, thus chosen and qualified
shlriffT °' shall be the chief executive officer ofthecity,—
and forthepreservation of the peace shall have all
the powers of sheriff and conservator of the peace.
He shall cause the laws and regulations of the
city to be enforced. He shall exercise a general
supervision over the conduct of all subordinate
officers, and cause their violation or neglect of du-
ty to be punished. He may call special meetings
May call special of tlic board of aldcrmcu and common council,

nieetmss. '

or either of them, when, in his opinion, the inter-
ests of the city require it, by causing a notifica-

tion to be left at the usual dwelling-place of each
member of the board or boards to be convened .
He shall, from time to time, communicate to said shaii communi-

' ' cate to the board

boards respectively, such information, and recom- «i^*» information

r J ^ 7 as he may judge

mend such measures as the interests of the cityf?i''^f *°*er8st or

•' the city.

shall, in his judgment, require. He shall pre- to preside in b'd
side in the board of aldermen and in joint meet- joint meetings,
inar of the two boards ; but shall have a castingHave a casting

° ' ° vote only.

vote only. Ex officio chair-

He shall be, ex officio, chairman of the board oyerseers. "^

of overseers of the poor. He shall receive for salary to be de-

, , , •! 1 n termined by city

his services such salary as the citv council sliali council and not

" to be increased

determine, payable at stated periods, and shall oj- diminished

^ *^ ^ ' during continu-

receive no other compensation ; but such salary ^"ce m office.
shall not be increased or diminished during his
continuance in office.

o H rt rm TIT n Mayor and aldar-

Sec. 10. The mayor and aldermen shall com- men to be one

board.

pose one board, and shall sit and act together as

one body, at all meetings of which the mayor

shall preside, if present ; but, in his absence,

the board may choose a chairman for the time

being. All their sittings shall be public, when pubik"elcept-

not engaged in executive business, and upon re-

" "Yeas and nays"

quest 01 any member, the yeas and nays shall taken when.
be taken and recorded.

Sec. 11. The executive powers of the city, J^*^°^g*°fji =i^^,-
and the administration of police, with all theP°'^"*°^'^'^'=*-

i ' men.

powers heretofore vested by law in the select-
men of Manchester,-shall be vested in the mayor
and aldermen, except where it is herein oth-
erwise provided, as fully as if the same were
herein specifically enumerated. They shall
have full and exclusive power to appoint a city J°,^f ^"rshii"
marshal and assistants, a constable, and all subicr&c. """'

other police officers ; and to remove the same
from office, for sufficient cause, the mayor and
aldermen each having a negative on the other.
mllshl\ &c.' to They may require the marshal and constables,
?ive bonds. before entering on the duties of their office, to
give bonds with sufficient sureties, to any rea-
sonable amount ; upon which the like proceed-
ings and remedies may' be had as are by law
provided in case of constables' bonds required
by selectmen of towns in this State. And they
Shall do and per- shall do and perform all the duties which the
sieTof'seLto^n sclectmcn of towns are, by law, authorized or
required to do and perform within their respec-
tive towns, unless it be otherwise provided -in
this act.
Members of com- Sec. 13. Tlic pcrsous clioseu and Qualified as

mon council to ^

be one body, dis- members of the common council, shall sit and

tinct from may-
or and aldermen act together as oue body, distinct from the

except — ° "^ '

mayor and aldermen, except when the two bodies

are required to meet and act in convention.

To choose presi- The Said couiicil shall, from time to time, choose

dent and clerk.

one of its members to preside at all meetings
^„, , of the board, and preserve order therein ; and

Crk to be sworn. ^ ■"■

shall also choose a clerk, who shall be sworn to
the faithful discharge of the duties of that office?
and shall hold such office during the pleasure

Duties of clerk, of tlic couiicil. The clcrk, so chosen and qual-
ified, shall attend the common council when in
session, and keep a journal of its acts, votes
and proceedings, and perform such other serv-

Au sittings of ices in his said office as the council may require.

the com. council -^

to be public. All sittings of the common council shall be

To be final judgr- public. Tlic commou council shall be the final

es 01 the election ■■■

and qualification m^p-Q of the clcctiou and qualification of its

PI Jts members,*' '-' -i

members; and whenever a yacaucy shall occur ^'^'^p'^'"')^^^^'^^:
therein, by death, resignation, or otherwise, ^"n^ °^^^ ^^^'''
may order a new election.

Sec. 14. All the powers now vested by law ^ji powers vest-

J^ *' ed in the town

in the town of Manchester, or in the inhabitants °o^*'^^"^t^e'd *ln
thereof, as a municipal corporation, shall be ''"^ couucu.
vested in the city councilj composed as provided
in the second section ; and shall be exercised
by concurrent vote, each board having a nega-
tive on the other.

Sec. 15. The city marshal shall, under the ^ity marshal to
mayor, have the control and direction of the poUce?°°*'^°^ °^
police of the city, shall collect the city taxes
and shall attend upon the mayor and aldermen
when required, and shall be by virtue of his of- ^o°nstlbie, &*"°
fice, constable and conservator of the peace.

Sec. 16. There hereby is established, within pouce court e.-
the city of Manchester, a police court, to con-*'"''*'^^^'^"
sist of one learned, able and discreet person, to
be appointed and commissioned by the governor,
pursuant to the constitution, to take cognizance
of all crimes, offences and misdemeanors, com-
mitted within the city of Manchester, whereof
justices of the peace now have, or may hereaf-
ter have jurisdiction.

And the court hereby established shall hear "r" ^'^^^ *" '^«

J powers vested in

and determine all suits, complaints and prose-J''^*^''^"^ p^^''^^-
cutions, in like manner as is by law provided
for the exercise of the powers and authority
which are or may be vested in justices of the
peace ; and do all acts necessary to, and con-
sistent with, such powers and authority.

And the said police court shall also have orig-
inal jurisdiction and cognizance of all suits and

actions which may now, or at any time here-
after, be heard, tried and determined before any
justice of the peace in the county of Hillsbor-
ough ; and no writ in any such suit or action,
madrretumabie shall bc madc returnable before any justice
to said court. ^^^j^|j^ gg^|^ ^^^j ^f Manchcstcr, but to said po-
lice court only ; and an appeal shall be allowed

Appeals allowed, n t • ti

how, &c. from all judgments of police court, m like man-

ner, and to the same extent that appeals are
now allowed by law from judgments of justices
of the peace ; and the justice of said police

Justice of said court shall not be of counsel or attorney to any

coun*eroratto''r! party IB. SLTij matter or thing whatsoever, which

ney to any party. ^^^ bc pending lu said court.

All warrants issued by said court, or by any

be made r'Suma- justice of thc pcacc witliiu Said city, shall be

ble to said police -, , t , -, ^ . iir -j

court. made returnable, and be returned beiore, said

court ; and if any warrant shall be issued by
any justice of the peace, returnable before said

Costs, fees and court, tho lawful fccs, payable therefor, shall

charges not to be ,,_.,.,-,

taxed, unless not bc paid or allowed, unless, on the examina-
tion in hearing before said court it shall appear
to said court that there was just and reasonable
cause for issuing said warrant ; in which case
such fees, costs and charges shall be allowed
and taxed in like manner, as though said war-
rant had been issued by a justice of the peace,
according to the law now in force.

All fines and forfeitures, and all costs in crim-

J'ustice to acc'nt .-, ,. i.iiiii • -i ^

for and pay over mal prosccutious, whicli shall bc received by or

the city. ' paid into the hands of the justice of said court,

shall be by him accounted for and paid over to

the city of Manchester, in the same manner and

under the same penalties for neglect, as are by

law pi-escribed in the case of justices of the
peace j and all costs in such prosecutions, not
thus received, shall be made up, taxed, certified
and allowed, and shall be paid and satisfied in
like manner a* provided by law in cases of
justices of the peace.

Sec. 8, of Amendment. A police court shall p^^'^^^j X^'da"
be held by the standing justice, at a suitable Xner Tf'fece"/-
and convenient place, to be provided at the ex- na7cases. "™'
pense of said city, on one day in i?ach week, at
nine of the clock in the forenoon, and as much
oftener as may be necessary, to take cognizance
of crimes, offences and misdemeanors ; and on on ist wednes-

pday of each mo.

the first Wednesday of every month, at ten of for chu cases.
the clock in the forenoon, and may be adjourned
from day to day, by the justice thereof, and at
such times as may be necessary for the trial of
civil suits and actions ; and the said justice
may from time to time establish all necessary
rules for the orderly and uniform conducting of
the business thereof. There shall be appointed ^^^ ^^^ (,q^^„_
by the governor, by and with the advice and gpeciauu^stice. ^
consent of the council, a special justice of said
court, and whenever it shall happen that the
standing justice of said court shall be inter-
ested in any suit or prosecution cognizable in
said court, or shall from any cause be unable to Duties of special

-, -, . justice.

hear and determme any matter or thing pending
therein, the court shall be held and its juris-
diction exercised by said special justice. And
said special justice shall be paid for the services
by him performed two dollars each day.

The justice of said court shall account for
and pay over to the city of Mancliester all fees

by him received, or wliicli now accrue to justice^'

of the peace in civil actions and criminal pros-

saiary of police ecutions, and the said city of Manchester shall

justice. ' ''

pay annually the sum of five hundred dollars
in full compensation for all services assigned
him by the provisions of this act.

The justice of said court shall keep a fair re-

justice to keep cord of all procccdings in said court, and shall

ceedings?^ ^'^°' mako rctum to the several courts of all legal

process, and of his doings therein, in the same

manner as justices of the peace are now by law

tkt'^ month 'o'f^^'l^^ii'®^ ^^ ^0 ' ^^^^ 1^^ ^^^^^^ ^^^^y annually, in
t^o'"'mayor''imi ^hc moutli of Jauuary, exhibit to the mayor and
of^' aii'"moneys aldermcu of said city of Manchester, a true and
rec^d by him as (.(^^^.^(^i; accouut of moucys by him received

as fees.
All act'ns pend- All suits, actioDS and prosccutious which shall

ing before a jus- '■

tioe of the peace be iustitutcd and pending before any justice of

to be determiu'd i o j v

as if this act had thc Dcace witliiu the town of Manchester when

not passed. ■'■

this act shall take effect, shall be heard and de-
termined as though this act had not been passed.
fXdi to^ mai!e Sec. 17. Thc city coimcil shall have power
laws, &c. |.Q j^r^j^Q all such salutary and needful by-laws,

as towns and the police officers of towns, and
the engineers of fire wards, by the laws of the
State, have power to make, and to annex penal-
ties, not exceeding twenty dollars, for the breach
thereof; and may make, establish, publish, alter,
modify, amend and appeal ordinances, rules,
regulations and by4aws for the following pur-
poses :
To prevent and j fj^Q prcvcnt and puuish forestalling and re-

restrain every * • -^ ^ X-^ i o

toif de'^iee'^"^'^'^" o^^^i^^S? ^^^^ ^^ prevent and restrain every kind
of fraudulent device and practice.

II. To restrain and prohibit all descriptions of ^^g^''"'" gaming,
gaming, and fraudulent devices in said city ;

and all playing of cards, dice, or other games
of chance.

III. To prohibit the selling or giving away ^^^le ^o7"arden?
any ardent spirits by any store-keeper, trader ^'''"'^"

or grocer, to be drank in the shop, store, grocery,
out house, yard or garden, owned or occupied
by the person selling or giving away the same,
or elsewhere,exceptby inn-keepers duly licensed.

IV. To forbid the selling or giving away of t<>,. forbid the

o D o J selling or giving

ardent spirits or other intoxicating liquors, to '° ''"? '=^'^<^' *^'=-
any child, apprentice or servant, without the
consent of his or her parent, guardian, master
or mistress, or to any Indian.

V. To regulate or prohibit the exhibitions ofshoivs5"*^*
common showmen, and of shows of every kind,

or the exhibitions of any natural or artificial
curiosities, caravans, circuses or theatrical per-
formances.

rrt . . T To prevent riots,

VI. io prevent any not, or noise, disturbance &«.
or disorderly assemblages.

m T , • -!• 1 t '^° suppress dij-

VII. io suppress and restrain disorderly orderly houses,
houses and groceries, houses of ill-fame, billiard

tables, nine or ten pin alleys, or tables, and ball
alleys, and to authorize the destruction and dem-
olition of all inetruments and devices used for
the purpose of gaming.

VIII. To compel the owner or occupant of any T" compel cer-

^ *^ tain persons to

grocery, cellar, tallow chandler's shop, soap fac- remove nuisan-
tory, tannery, stable, barn, privy, sewer, or other
unwholesome or nauseous house or place, to
cleanse, remove or abate the same, from time to
time, as often as may be necessary for the health,

comfort and convenience of the inhabitants of
the said city.

tion "of certafn IX. To dipcct thc location and direction of all
slaughter houses, markets, steam mills, black-
smiths' shops, and houses for storing powder.

Keeping of gun- x. To icgulate the keeping and conveying of
gunpowder, and other combustible and danger-
ous materials, and the use of candles and lights
in barns and stables.

fastridfn^?^ * XI. To prevent horse racing, immoderate
riding or driving in the streets, and to auth-
orize persons immoderately riding or driving as
aforesaid, to be stopped by any person, and to
prevent cruelty to animals.

ItixeS!*"'"" XII. To prevent the incumbering of the streets,

side walks, lanes, alleys, wharves and docks,
with carriages, carts, sleighs, sleds, wheel-bar-
rows, boxes, lumber, timber, fire wood, or any
other substance or materials whatsoever.

Bathing, &c. ;x;iii. To rcglatc and determine the times and

places of bathing and swimming in the canals,
rivers, and other waters in said city.
, ^ XIV. To restrain and punish vagrants, mendi-

\agrants, ic. ^ .

cants, street beggars and common prostitutes,
atiarffe ''™°^"° XV. To restrain and regulate the running at
large of cattle, horses, swine, sheep, goats and
geese, and to authorize the distraining, impound-
ing and sale of the same for the penalty in-
curred, and costs of proceedings.

hLTgl. '"'^"'''^ ^* ^^i- To prevent the running at large of dogs,
and to authorize the destruction of the same
when at large contrary to the ordiilance.

amoved?' ^° ^^ ^vii- To prohibit any person from bringing,

depositing, or having within the limits of said
city, any dead carcass, or other unwholesome
suhstanoe ; and to require the removal or de-
struction by any person who shall have upon, or
near his premises, any such substance, or any
putrid or unsound beef, pork, fish, hides, or
skins of any kind ; and on his default, to auth-
orize the removal or destruction thereof by
some officGr of said city.

XVIII. To prohibit the rolling of hoops, play-lf'"^°"^°"P'
ing at ball, or flying of kites, or any other
amusement or practice having a tendency to

annoy persons passing in the streets and on the
sidewalks in said city, or to frighten teams and .
horses within the same.

XIX. To compel all persons to keep the snow, b" rrmTy'ld!'' '°
ice and dirt from the side-walks in front of the
premises owned or occup>ied by them,

XX. To prevent the rinaing of bells, blowing ^jngm^ of beiis,

^ e^ o 7 o g.^^^ prohibited.

of horns and bugles, and crying of goods and
other things, within the limits of said city.

XXI. To abate and remove nuisances.

XXII. To regulate and restrain runners forj^""^"^^*® ™°-
boats and stages, or cars.

XXIII. To survey the boundaries of said city.

XXIV. To regulate the burial of the dead. ^""^'^ °^ ^^=^^-

XXV. To direct the returning and keeping of ^^Jy^^ moitai-
bills of mortality, and to impose penalties on
physicians, sextons and others, for any default

in the premises.

XXVI. To regulate gauging, the place and ^'^isiiin? i^^y,
manner of selling and weighing hay, or selling

Porters, &c.

Watclimen.

Police.

Quality of bread.

Public pumps,

Street
>Yalks, Sec.

side

Tublic Ii<jbts.
Five department.

pickled and other fish, and of selling and meas-
uring of wood, lime and coal, and to appoint
suitable persons to superintend and conduct the
same.

XXVII. To regulate porters, cartmen and
cartage.

XXVIII. To appoint watchmen, and prescribe
their powers and duties.

XXIX. To regulate the police of said city.

XXX. To regulate the quality of bread, and to
provide for the seizure or forfeiture of bread
baked contrary thereto.

XXXI. To establish, make and regulate public
pumps, wells, cisterns and reservoirs, and to
prevent the unnecessary waste of water.

XXXII. To establisli and regulate public
pounds.

XXXIII. Eelative to the grade of streets and
the grade and width of side-walks ; relative to
trees, planted for shade, ornament, convenience
or use, public or private, and to tlie fruit of
such trees ; relative to tresspass committed in
gardens ; relative to the sweeping of chimneys ;
relative to the forms of oaths to be taken by the
treasurer of said city, and the inspectors of
produce brought to said city for sale ; relative
to the bonds to be given by the civil officers of
said city for the faithful discharge of their duty ;
relative to the penalties to be incurred by those
who, being chosen to any city office, shall (not
])eing excused by the city) refuse to serve ; rel-
ative to public lights and lamps ; relative to pre-
serving said city from exposure to fire, and to
prevent the future erection of any building or

buildings, in the most compact and populous
part of said city, or the alteration, or appropri-
ation of any buildings already erected, to be
used for bakers' shops, blacksmiths' shops, hat-
ters' shops, or tallow chandlers' shops, or any
other buildings for those or similar purposes,
which, in the opinion of the common council of
said city respectively, shall more immediately •
expose said city to injury and destruction from
fire ; to designate and assign the limits to their
said city within which no person or persons
shall be permitted in future to erect, use, or
occupy any building or buildings, of the kind,
or for the use mentioned in this act, without
license from the court of common council ; and
to make by-laws relative to licensing and regu-
lating porters, cartmen, or truckmen, butchers,
petty grocers or hucksters, peddlers, hawkers, Licensing and

^ • J. n 1 1 i. ■ 4.- regulating- por-

and common victuallers, under such restrictions ters, &c.
and limitations as to them shall appear neces-
sary ; for designating the place or places for
military parades, in or near said city ; for laying ^^^^^.^g^^,^^^^
out and regulating public squares and walks ;
for regulating military parades and rondez-^'^^'^^yp*'''"^'"'-
vous, within the limits of said city ; and the
marching of military companies with music in
the streets of said city ; for preventing and pun-
ishing trespasses on public buildings ; and in
relation to cemeteries, public burial grounds,
squares, commons and other public grounds.

And may make any other by-laws and regu- J;^p'^'^jJ!^°j|^^ *° ^j^*
lations which may seem for the well-being of ^i^^'^j^^^J^I"'' °^
said city, provided they be not repugnant to the
constitution or laws of New Hampshire, which

by-laws shall take effect and bo in force from
the time therein limited, without the sanction
or confirmation of any other authority whatever.

^'':f-^ri*'° ^^^AU such by-laws and all city ordinances shall
be duly published, in such newspaper or news-

Au fines, &c. to papcrs as the city council shall direct. All fines

enure to the city. '^ ^

and forfeitures for the violation of any by-law
^HJ^ or ordinance of the city, shall be recovered
by complaint before the police court of said
city of Manchester, and shall enure to such
uses as the city council shall direct ; but the

wT^' ^° '"' ^^' P^rty prosecuted shall have the right of appeal
to the court of common pleas in the same
manner, and upon the same terms and condi-
tions as are provided by law for appeals from
the judgment of justices of the peace in other
criminal prosecutions. It shall be sufficient, in

oin p?aii°iy!'^ ^^"^ ^^y such complaint, to set out the offence
plainly and substantially ; but the by-law or
ordinance on which the complaint is founded
need not be recited or set out.

Sec. 18. The city council shall take proper

So money to be caro that uo moucy be paid out from the city

paid out unless - . -. , ,

appropriated, trcasury unless previously granted and appro-
priated ; shall secure a just and prompt account-
ability from all persons entrusted with the
receipt, custody or disbursement of the moneys
or funds of the city ; shall have the care and
superintendence of the city buildings, and all
city property, and the power to let or sell what

Eight to pur- may be legally let or sold ; and to purchase
property. pj,QpQj,^^^ Pg^j qj. pgrsoual, lu tlic uamc and for

the use of said city, whenever the interest or
convenience of the city shall require it. The

city council shall, once in every year at least, ^J'ip"™^ °^pen-
publish, for the use and information of the in- pyj,\'ig^j,,,^_° ^^
habitants, a particular account of the receipts
and expenditures of the city, and a schedule of
the property and debts of the city.

Sec. 19. The city council shall have the power f^f^^^ drains'&c'
to construct drains and common sewers through
any highways, streets or private lands, paying
the owners such damage as they shall sustain
thereby ; and to require all persons to pay a
reasonable sum for the right to open any drain
into such public drain or common sewer.

Sec. 20. All the power and authority now officersN-ested in
vested by law in the board of health for the
town of Manchester, shall be transferred to, and
vested in, the city council, and shall be carried
into execution by the appointment of health
commissioners, or in such other manner as the
city council shall determine.

Sec. 21. The city council shall have power
to provide for the appointment or election of
all necessary officers for the good government
of the city, not otherwise provided for, and to
prescribe their duties and fix their compensa-
tion ; but no person shall be elected by the city dectlf °to'°any

• ■, .jtiji TAii office of emolu-

council, or appointed by the mayor and Alder- ment who is an

, rn n ^ j i j_ ii alderman or a

men, to any office oi emolument, who, at the common councii-
time of his election or appointment, shall be a
member of the board of aldermen or of the
common council.

Sec. 22. The city council shall, annually, on to elect city ci'k

ii'Tmn r>-«r • .in conTention,

the third Tuesday of March, meet m convention, on 3d Tuesday

•' ' of March.

and elect, by joint ballot, a city clerk, who shall
be sworn to the faithful discharge of the duties

of his office ; one year, and until another shall
be chosen and qualified : removable, however, at
the pleasure of the city council. The city clerk
dnfof\"ebo°ard shall bc, ex officio, clerk of the board composed
&ofdtyTouncii of the mayor and aldermen. He shall keep a
conv"ntion.°° ^"jouoial of all tlic votes and proceedings of the
mayor and aldermen, and also of the city coun-
cil, when sitting in convention; and shall per-
form such other duties as the mayor and alder-
men or the city council shall prescribe.

To have all the Hc sliall also pcrform all the duties, and ex-
powers and per- ^

town ?"i^k^' °^ ercise all the powers, incumbent upon, and ves-
ted in, the town clerk of the town of Manches-
ter, except where it is herein otherwise provid-

To deliver all ed. Hc shall dclivcr to his successor in office,

journals, &c., to

his successor, as soon as clioscn and qualified, all journals,

records, record books, papers, documents, or other

things, held by him in his capacity of city clerk.

Sec. 23. The city council shall, also, in the

^ols ele-Ted"by ^*^^^^^^ ^^ April, annually, in convention and

Apri\. ^''"°' '" ^y JO"it ballot, elect a city treasurer, and all

other subordinate officers who are not chosen

by the inhabitants or appointed by the mayor

and aldermen ; and shall also fill all vacancies

Vacancies to be -^i;ii(3h sliall cxist iu the boards of assessors, as-

oandidates how slstaut asscssors, overseers of the poor, or school

determined ^

committee, by reason of a failure to elect by
the inhabitants at the annual meeting.

The candidates for filling such vacancies shall
^*°°^ '°"'°""- be determined in the manner provided by the
constitution of the State for fixing upon candi-
dates to fill vacancies in the State Senate,
^erseeispoor. g^^^ ^g^ rpj-^^ qualified votors iu each ward

shall, at the annual meeting, choose one person

to be a member of the school committee, one

. , i f> n 1 -in Assessors, how

person to be a member oi the board of overseers chosen.
of the poor, and one person to be a member of
the board of assessors, each of whom shall be a
resident of the ward for which he is chosen.

The assessors so elected shall perform all snch Duties of aesess-
duties, relative to taking the inventory and ap-
praisal of property for taxation, as are now by
law required of the selectmen and assessors.

The board of overseers of the poor, with the Duties of orer-

. seers.

mayor as chairman, shall perform the same du-
ties as are now incumbent on that body in
towns, and the school committee shall possess
all the powers and perform all the duties now by Duties of school

-, -< -I ' T n committee.

law granted and requn^ed of the superintending
and prudential committee of towns.

Sec. 26. All meetings of the inhabitants, for Time of election,
the election of county, State, or United States'
officers, who are voted for by the people, shall
be held in their respective wards at the time le-
gally appointed for those elections respectively.

Sec. 30. All acts and parts of acts, inconsis- f^';'^ j^"^*'*-
tent with the provisions of this act, are hereby
repealed.

Sec. 33. This act shall go into operation from
and after its passage.

Sec. 9, of Am't. After this act shall go into
effect, and within ten days thereafter, the mayor

y . Mayor and Al-

and aldermen shall prepare, revise, correct, and Mermen to issue

r i. 7 ' ' Warrants, &c.

post up in the same manner as selectmen of
towns are required to do, an alphabetical list of
voters in each of said wards or towns, and shall
issue a warrant for the meeting of the inhabi-
tants in their respective towns or wards ; such

warrant shall be served ten days at least before
the tune of meeting, and shall designate the
place for said meetings. At said meeting a
moderator, clerk, and three selectmen shall be
chosen, who shall be qualified and respectively
take the oath of office required by law, and
shall then enter upon and discharge and per-
form all the duties of their respective offices in
the same manner as if they had been elected
prior to the third Tuesday of March of the
present year. Any justice of the peace in the
respective wards may call the first meeting to
order, and preside until a moderator shall have
been chosen.

Sec. 10 OF Am't. Sections two, three, four.
Acts repealed, fivc, six, scveu, twclvc, twcuty-four, thirty-one,
and thirty-two of the act to establish the city of
Manchester, and so much of section twenty-three
of said act as relates to the choice of a collector
of taxes, and so much of section eleven of said
act as relates to preparing, revising, correcting,
and posting up check lists, and so much of sec-
tion sixteen as relates to the times and places of
holding the police court and establishing rules
thereof, and the appointment of, and powers and
duties and the pay of special justices of said
court^ be and the same are hereby repealed.

Sec. • 11 OF Am't. This act shall take effect
on the first day of October next : provided,
however, That the representatives to the gener-
al court, the mayor, board of aldermen, and
board of common council, and all officers ap-
pointed by them, or either of them, shall hold
their respective offices for the same time, sub-

ject to all the liabilities, and perform all the duties of their
respective offices, except so far as relates to the check lists
and the elections in the same manner as if this act had not
been passed.

CHAPTER 837.

AN ACT in amendment of the charter of the city of Man-
chester.

Section | Section.

1. Mayor, plurality of votes to elect. 4. Acts repealed.

2. Case when new election shall be ox-dered. i 5. Act to take effect from and after iti

3. City clerk to receive invoice and assess- passag'e.

ments. |

Section 1. Be it enacted by the Senate and House of
Representatives in General Court convened, That on the
examination and count of votes for mayor, as is prescribed
in the seventh section of the six hundred and fifteenth
chapter of the laws of this State, the person who shall
have the largest number of votes in all the wards shall be
declared duly chosen mayor.

Sec. 2. If two or more persons at any election for the
choice of mayor shall receive the largest and an equal
number of votes, so that no choice be made, the mayor and
aldermen shall make a record of the fact, and forthwith
issue their precept to the selectmen, requiring them to call
meetings in their respective wards for another election, and
shall fix the time when said meeting shall be called ; and
the same proceedings shall be had from time to time until
a Mayor shall be chosen.

Sec. 3. The city clerk shall receive the invoice and as-
sessments, or a copy thereof, as is prescribed in the sixth
section of the forty-third chapter of the Revised Statutes,
and keep such record open to the inspection of all persons^
but need not record the same.

Sec. 4. So much of section seventh of the six hundred
and fifteenth chapter of the laws of this State, and all acts
and parts of acts inconsistent with this act, are hereby re-
pealed.

Sec. 5. This act shall take effect from and after its pas-
sage.

Approved, July 7, 1849.

CHAPTER 1105.

AN ACT relating to the police court of the city of Man-
chester.

SacTioN I Sectiok

1. Police justice may hold the office of | 2. Salary of justice ; fees how dispoBed
Clerk. of.

I 3. Acts and parts of acts repealed.

Section 1. Be it enacted by the Senate and House of
Representatives in General Court convened^ Tliat the jus-
tice of the police court of the city of Manchester may hold
the office, exercise the powers, and perform the duties of
clerk of the said court.

Sec. 2. The justice of the said court, shall annually re-
ceive a salary of three hundred dollars, to be paid by the
city of Manchester, in quarterly payments of seventy-five

dollars each, which shall be in full for all services perform-
ed by him for the said city, and of all fees in actions and
prosecutions prosecuted by said city, or the officers there-
of, for which the said city would otherwise be responsible.
The said justice shall account for and pay over to the city
treasurer, as now provided by law, all fines and fees by hijm
received in actions and prosecutions by or in behalf of
said city as aforesaid, and shall be entitled to retain to his
own use the fees by him received or receivable in all other
cases.

Sec. 3. All acts and parts of acts inconsistent with this
act are repealed.

Approved, June 26, 1851.

CHAPTER 1123.

AN ACT in addition to an amendment of an act entitled
"An act to establish the City of Manchester."

Section 2. Be it enacted by the Senate and House of
Representatives in General Court convened, That in addition
to the powers of mayor and aldermen of the city of Man-
chester, enumerated in the eleventh section of the city char-
ter, they shall have the power and authority to appoint a
collector of taxes for said city ; and the collector so ap-
pointed shall have the exclusive right and power to collect
the taxes of said city of Manchester, notwithstanding the

provisions of the fifteenth section of the charter of said city,
and that so much of said fifteenth section as authorizes the
city marshal to collect the taxes of said city, be, and the
same hereby is repealed.

Sec. 2. This act shall take effect when it shall have been
approved by both branches of the city government of Man-
chester.

Approved, July 3, 1851.

ANNEXATION ACT
CHAPTER 1406.

AN ACT to sever certain tracts of land from the towns of
Bedford and Goffstown, and annex the same to the city
of Manchester.

Sbgtion

1. Land severed from Bedford and Goffs-
town,and annexed to the city of Manchester.

2. Divided into two wards, &c.

3. Roads and bridges, how toaintained —
debts, payment of — public property, dis-
position of.

Section

4. Taxes assessed, disposition of.

5. Duties of mayor and aldermen of the city
of Manchester, after acceptance of the act.

6. Act void, unless accepted by the city
council, &c.

Section 1. Be it enacted by the Senate and House of
Representatives in General Court convened, That the follow-
ing described tract of land, situate partly in the town of
Bedford and partly in the town of Goffstown, in the county
of Hillsborough, to wit : — beginning at a stake and stones
on the bank of Merrimack river, in said town of Bedford, at

the southeasterly corner of Samuel McQuestion's farm,
thence westerly by the south Ihie of said McQuestion's land,
about two hundred and twenty rods, to the range line be-
tween the twelfth and thirteenth ranges in said town of
Bedford ; thence northerly by said range line to a stake and
stones on the line between said towns of Bedford and
Goffstown, near the dwelling house of Daniel George ;
thence westerly by said town line about thirty-four rods to
a stake and stones ; thence northerly, following the line be-
tween the eleventh and twelfth ranges in said town of Goffs.
town to the southwest corner of the town of Hooksett ;
thence easterly by the line of said town of Hooksett to
Merrimack river ; thence southerly by said Merrimack river
to the place of beginning ; Vvdth all the inhabitants thereof,
be and the same is hereby severed from said towns of Bed-
ford and Goffstown respectively, and annexed to and made
a part of the city of Manchester.

Sec. 2. Said territory so severed and annexed, as afore-
said, shall be divided into two wards ; that part severed
from tlie town of Bedford to be called and known as ward
numljer seven, and that part severed from the town of
Goffstown to be called and known as ward number eight ;
which said wards shall elect one representative each to the
general court, and such other officers as the other wards of
said city are entitled to elect ; and the inhabitants thereof
shall be subject to all the by-laws, ordinances, regulations
and liablilitics, and be entitled to all the privileges and im-
munities of the inhabitants of snch other wards.

Sec. 3. Said city of Manchester shall assume and be re-
sponsible for the maintenance of all the roads and bridges
within the limits of the tract so severed and annexed as
aforesaid ; and shall be accountable to said towns of Bed-
ford and Goffstown respectively for such proportion of the
debts of said towns now existing, deducting therefrom the

amount of money already raised or directed to be raised by
either of said towns to be applied towards the liquidation
of the same, as the inventory of the inhabitants of said towns
respectively in the territories so severed and annexed last
made, bears to the whole amount of inventory last made in
each of said towns, and the towns of Bedford and Goffstown
shall each retain their public property the same as though
this act had never been passed.

Sec. 4. All taxes heretofore assessed upon the polls and
estates of persons residing within the limits of the territory
hereby severed and annexed, and all non-resident taxes
assessed within any school district within said limits shall
be collected, paid over and applied in the same way and
manner as if this act had not been passed.

Sec. 5. Upon the acceptance of the act as herein provid-
ed, the mayor and aldermen of the city of Manchester
shall seasonably issue precepts to any two of the principal
inhabitants in each of the two wards which may be annexed,
' agreeably to the provisions of this act, requiring them to
call a meeting of the legal voters of their respective wards,
to be holden at some convenient place within the same, on
the second Tuesday of March, in the year of our Lord one
thousand eight hundred and fifty-four, for the purpose of
voting for State, county, city and ward officers, and for
transacting all other necessary business — said warrants to
be posted and returned, and said meetings to be organized
and conducted in the same way and manner as warrants
are posted and returned and meetings are organized and
conducted in the other wards of said city. All officers duly
chosen and qualified at said meetings, or otherwise, accord-
ing to law, shall have all the powers and authority vested
in like officers by the laws of this State ; and all the pro-
ceedings of said meetings shall have like validity with tho
proceedings of the meetings in the other wards of said city.

Sec. 6. This act shall be void unless accepted by the citj
council of Manchester, on or before the second Tuesday of
August, A. D., 1853.

Approved July 1, 1853.

CHAPTER 1588.
AN ACT relating to the Manchester City Library.

Section 1. Be it enacted by the Senate and House of
Representatives in General Court convened, That the City
Council of the city of Manchester and the Manchester Ath-
en^um be and they hereby are authorized to make and
confirm such contract and arrangement as they may think
advisable for the establishment of a City Library for said
city ; and the trustees of said library may bo designated
and appointed in and by such contract, and vacancies in
■ the office of trustees shall be filled agreeably thereto ; and
the trustees so elected or appointed shall hold their offices
for the terms, and shall be vested with the powers and sub-
ject to the duties specified in such contract.

Sec. 2. This act shall take effect from its passage.

Approved July 11, 1854.

CHAPTER 1675.

AN ACT authorizing the appointment of a superintend-
ent of public instruction in the City of Manchester.

Section

3. Duties of school committee.

4. Act to take effect in Mancliester on its

passage; any oilier city may adopt it.

Section

1. Mayor and aldermen and school com-

mittee to elect a superintendent to
hold office two years, &c.

2. Powers ancl duties of superintendent

defined. Compensation to be deter-
mined by city council.

Section 1. Be it enacted by the Senate and House of
Representatives in General Court convened, The board of
mayor and aldermen and board of school committee shall
in convention elect some suitable person to be superintend-
ent of public instruction, in said city, who shall hold his
office two years from the time of his appointment, and if
any vacancy shall occur in said office by resignation or
otherwise, they shall fill the same immediately, and if the
convention shall fail to elect within one month from the
passage of this act, or from the time of any vacancy, the
mayor and aldermen shall appoint the same.

Sec. 2. The superintendent shall exercise the general
supervision of the public schools in said city, and shall
perform such duties now required of the superintending
school committee as relate to visiting schools, and shall
assist in examining teachers and scholars, and in preparing
the annual report. He shall, also under the supervision
and direction of the board of school committee, perform
such duties required of the prudential committee of towns,
as relates to furnishing fuel and other necessary supplies, and
to making repairs, and shall report his proceedings, and
the condition and progress of the schools, to the board as
often as they may require, and shall receive such compen-
sation as the city council may determine ; but such
compensation shall not be diminished during his continu-
ance in office.

Sec. 3. The school committee shall continue to perform
all the duties now by law required of them, except so far
as they may be legally performed by the superintendent,
and shall receive such compensation as the city council
may decide.

Sec. 4. This act shall take effect in the city of Manches-
ter, from and after its passage ; and any other city at its
annual meeting, or at any meeting lawfully called for that
purpose, may adopt the provisions of this chapter which
shall thereupon extend and apply to such city as fully as
to the city of Manchester.

Approved July 9, 1853.

CHAPTER 1680.

AN ACT in amendment of an act, entitled "An act to
sever a certain tract of land from Bedford and Goffstowu
and to annex the same to tlie city of Manchester,"
approved July 1st, 1855.

SacTION

1. Manchester to pay to Bedford and
QofFbtown the just proportion of
State and County taxes for 1861 and
interest.

2. Act to take effect from its passage.

Section 1. Be it enacted by the Senate and Hnvse of
Representatives in General Court convened^ The city of
Manchester shall on or before the first day of June next,

assess, collect and pay over to the towns of Bedford and.
Goffstown, respectively, a surn equal to the difference
between the amount of the State and County taxes assessed
upon those towns respectively in the year eighteen hundred
and fifty-four, agreeably to the provisions of the act entitled
"an act to establish a new proportion for public taxes,"
approved January 7, 1853, and the- amount which would
have been assessed upon those towns respectively, according
to the provisions of Chapter 1647 of the Pamphlet Laws, if
the same had been incorporated into the act to which this is
in amendment, with interest thereon from the time said
amounts were or shall be paid by said towns respectively,
to the time when the same shall be paid over by said city
of Manchester aforesaid.

Sec, 2. This act shall take effect from its passage.

Approved July 18, 1853.

CHAPTER 1686.

AN ACT to sever a portion of territory from Ward 8, and
annex the same to Ward 7 in Manchester.

Section ISectiost

1. Dividing linea defined. I 2. Act to take effect on its passage.

Section 1. Be it enacted by the Senate and House of
Representatives in General Court convened, That all the
territory formerly belonging to Goffstown, and lying south

of Piscataquog river, now constituting a part of Ward 8, in
Manchester, shall be, and hereby is, severed from said
Ward and annexed to Ward 7 in said Manchester.

Sec. 2. This act shall take effect and be in force from
and after its passage.

Approved June 30, 1855.

CHAPTER 1849.

AN ACT to authorize the city of Manchester to take stock
in the Manchester Acqueduct.

Section
1. Manchester authorized to take 100,000
stock, or loan that amount of money
to the Manchester Acqueduct.

Section
U. Act takes effect from its

Section 1. Be it enacted by the Senate and House of
Representatives in General Court convened, Tliat the city
of Manchester be, and they hereby are, authorized to sub-
scribe for the capital stock of the Manchester acqueduct,
incorporated at this sessiog. of the general court, to an
amount not exceeding two hundred thousand dollars, or to
loan to said Manchester acqueduct any sum or sums of
money not exceeding in the whole the sum of two hundred
thousand dollars.

Sec. 2. This act shall take effect from its passage.

Approved July 11, 1856.

36
CHAPTER 1858.

AN ACT relating to the election of certain city and ward
oJEficers of the city of Manchester.

Section

1. Annual municipal election to be holden

2nd Tuesday in December, &c

2. City government to organize 1st Tues-

day in January.

3. City clerk to be elected 1st Tuesd&y of

January. Vacancies to be filled.

4. Election of other officers to be provided

for by ordinance.

5. Present officers to hold office till 1st

Tuesday of January, 1857.

Section

6. Plurality to elect. Check-lists to be

used. Polls tobe open from 10 A.M.
to 3 P. M.

7. Naturalization papers in police court to

be deposited with the present clerk
thereof.

8. Repealing clause.

9. Act to be void unless adopted,and to take

effect upon adoption.

Section 1. Be it enacted by the Senate and House of
Representatives in General Court convened, That the an-
nual meeting of the inhabitants of said city of Manchester
for the choice of city and ward officers, shall be holden on
the second Tuesday of December annually, and all city and
ward officers who are chosen by the people, shall hold their
respective offices for one year from the first Tuesday of
January next, succeeding, and until others are chosen and
qualified in their stead.

Sec. 2. The Mayor, Aldermen, and Common Council,
shall hereafter meet in convention for the purpose of taking
the oath of their respective offices on the first Tuesday of
January in each year, at ten o'clock in the fordnoon.

Sec. 3. The city clerk shall be elected, qualified, and
shall enter upon the discharge of the duties of his office on
the first Tuesday of January in* each year ; provided, how-
ever, that in case of vacancy, or of a failure to elect on the
first Tuesday of January, said vacancy may be filled or
election made at any other time.

Sec. 4. All officers now required by law to be elected
by the city council, or appointed by the mayor and alder-
men in the month of April annually, may be so elected oi*

appointed at such other time or times annually as the city
council shall appoint by an ordinance passed to that effect.
And all such officers so elected or appointed, shall hold their
respective offices until others are elected or appointed, and
qualified in their stead.

Sec. 5. The mayor, aldermen, common council, asses-
sors, overseers of the poor, school committees, and ward
officers now in office, shall hold their respective offices until
the first Tuesday of January next, and until others are
chosen and qualified in their steady, and no longer. And
all officers now in office, elected by the city council or ap-
pointed by the mayor and aldermen, shall hold their re-
spective offices until others are elected or appointed and
qualified in their stead, and no longer. All such officers
shall be entitled to receive pay only for such portion of the
year as they may have served.

• Sec. 6. In all future elections of city and ward officers,
chosen by the people, the person who shall receive the
highest number of votes for any office shall be declared
elected, and if a number of candidates greater than the
requisite number shall severally receive the largest and an
equal number of votes, so that no choice be made, the bal-
lotings shall be continued until the requisite number of
persons shall be chosen. In all elections by the voters of
said city, voting, in their several wards, check-lists, pre-
pared in the manner now prescribed by law, shall be used,
and the polls shall be opened at ten o'clock in the forenoon
on the day of election, and kept open till three o'clock in
the afternoon.

Sec. 7. All papers, documents, and records of the natu-
ralization, by the police court of the city of Manchester, or
before any justice, clerk, or other officer thereof, of aliens,
or in any way relating thereto, including declarations of
intentions to become citizens of the United States, and all
4

' 88

applications of aliens to be admitted to become such citi-
zens, made to said police court, or to or before afly justice,
clerk, or other officer thereof, and all evidence and records
thereof shall be deposited with the present clerk of said
court, and shall be kept by said clerk with the other papers
and records of said court.

Sec. 8. All acts and parts of acts inconsistent with this
act, are hereby repealed.

Sec. 9. This act shall be null and void unless accepted
at a legal meeting called for that and other purposes on
the fourth day of November, 1856, by a majority of the
voters present and voting by ballot thereon in the several
wards of said city, and the same shall take effect and be in
force whenever so accepted.

Approved July 12, 1856.

This act was accepted by a majority of the legal voters,
Nov. 4, 1856.

CHAPTER 1683.

AN ACT in amendment of the charter of the city of Man-
chester.

Section I Section

1. Process to be under seal, bear teste of 4. Salary $500, in full compensation.

the justice, and signed by clerk
Writs against tenants returnable on any

day.
Special justice to perform duties of spe-
cial clerk.

5. All fees, lines, &c., to be paid to city

marshal, &c.

6. Repealing claiise.

7. Act to take effect on its passage.

Section 1. Be it enacted by the Senate and House of
Representatives in General Court convened, That all writs,

executions, and processes, in civil actions, issuing from tlic
police court of the city of Manchester, shall be under the
seal of the court, bear teste of the justice, and be signed by
the clerk thereof.

Sec. 2. Writs of summons against tenants may be
made returnable into said court upon any other day besides
the first Wednesday of each month.

Sec. 3. The special justice of said court may hold the
office, exercise the powers, and perform the duties of special
clerk of said court, whenever it shall happen from any
cause that the justice of said court shall be unable to act
as clerk of said court.

Sec. 4. The justice of the police court of the city of
Manchester shall annually receive a salary of five hundred
dollars, to be paid by said city in equal quarterly payments,
which shall be in, full compensation for all services per-
formed by him in behalf of said city, for all charges against
the city as clerk of said court, and for all fees in actions
for which the city would otherwise be responsible.

Sec. 5. All fees, fines, and forfeitures accruing to said
city, or paid by order of said police court, shall be paid to
the city marshal, in the same manner as they are now re-
quired by law to be paid to the justice of the police court.
The city marshal shall pay all the fines, fees and forfeitures
to the city treasurer, at such times a^d under such regula-
"tions and penalties as the city council shall prescribe.

Sec. 6. All acts and parts of acts inconsistent with this
act are hereby repealed.

Sec. 7. This act shall take effect from and after its
passage.

Approved July 14, 1855

STATE or NEW HAMPSHIRE.

IN XHE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND
riFTY-EIGHT.

AN ACT in amendment of the charter of the city of Man-
chester.

Section

1. Addition to ward one.

2. Boundaries of ward four.

3. " " five.

4. " " six.
5 Present ward ofiScers in wards one, four

and six, as formerly constituted,
shall remain ward officers of ward
one, four and six until others are
chosen and qualified.

Section
6. Mayor and aldermen to appoint three
persons to call a meeting of legal
voters in w ard five on 2nd Tuesday
of December next for election of
city and ward officers. Clerk and
moderator, how appointed.

Section 1. Be it enacted by the Senate and House of
Representatives in General Court convened, That so much
of said city as lies between Lowell street on the north, and
Hanover street on the south, Cliestnut street on the east,
and Elm street on the west, is hereby annexed to ward one
in said city.

Sec. 2. Ward four shall include all that part of the
city between Lowell street on the north, and Laurel street
on the south. Chestnut street on the west, and the Wilson
road on the east.

Sec. 3. Ward five shall include all that part of the city
situated between Hanover street on the north, and Auburn
street on the south, Chestnut street on the east, and Elm
street on the West.

Sec. 4. Ward six shall include all that part of the city
not embraced within the limits of any other ward.

Sec. 5. The present ward ofiicers of wards one, four

and six, as heretofore constituted, shall respectively remain
and be the ward officers of wards one, four and six, as con-
stituted by this act, until others shall be chosen and quali-
fied in their stead. '

Sec. 6. The mayor and aldermen of said city shall
seasonably appoint three inhabitants, legal voters in ward
five, as constituted by this act, who being first duly sworn,
or any two of them may call the meeting of the legal voters
of said ward, to be held on the second Tuesday of Decem-
ber next, for its choice of city and ward officers, and shall
have and exercise all the power belonging to, and perform
all the duties incumbent upon, the selectmen of the other
wards in said city, until selectmen shall be elected and
qualified in their stead, and may appoint a moderator and
clerk for said ward until others shall be elected and quali-
fied in their stead.

Sec. T. All acts and parts of acts inconsistent with this
act are hereby repealed.

CITY OF MANCHESTER.

Ill the year one thousand eight hundred and fifty-four.

An Ordinance for reyising and consolidating the General Ordinances
of the City.

Be it ordained by the Mayor, Aldermen and Common
Council of the City of Manchester, in City Council assembled,
as follows :

CHAPTER 1.

Of Ordinances,

Section ISbction

1. By-Laws termed Ordinances. 3. All Ordinances to be published.

2. Ordinances to be eng-rossed.

Section 1. All By-Laws passed by the City Council shall
be termed Ordinances, and the enacting style shall be —
" Be it ordained by the Mayor, Aldermen and Common
Council of the City of Manchester in City Council assera.
bled, as follows."

Sec. 2. All ordinances shall be engrossed or recorded by
the City Clerk in a fair and legible hand, without interline-
ation or erasuro, in the order in which they shall be passed,

in a book to be kept for that purpose, made of strong linen
paper with proper margin and index, to be lettered " Record
of Ordinances of the City of Manchester," which book shall
be preserved in the office of the City Clerk, subject to the
inspection of the citizens.

Sec. 3. All the Ordinances of the City Council and such
Resolutions and Orders as the Mayor and Aldermen may
direct, shall be published by causing the same to be insert-
ed two weeks in two or more newspapers printed and pub-
lished in the City of Manchester, as the Mayor and Al-
dermen shall from time to time designate.

CHAPTER 2.

Of the City Seal.

Section |

1. Establishing a City Seal. |

Section 1. The Seal of the City of Manchester shall be
as follows : —

1st. A circular disk, upon the border of which shall be
the words, " City of Manchester. Incorporated June,
1846."

2d. Upon this disk to be a shield divided into three com-
partments, each to contain a device. 1st, a waterfall with
trees and the Uncunnunack Mountains in the back ground.
2d, a piece of machinery called a regulator. 3d, a factory
building, and an engine with a transportation car loaded
with bales of manufactured goods.

3d. The shield to be surmounted by a haad holding a
hammer with a scroll containing the words, " Labor Vincit,"
— the whole being the design hereto annexed.

CHAPTER 3.

Of the Accounts, Expenditures and Finances of the City.

Section

1. Committee on accounts, its duties.

2. Accounts to be approved.

3. City Clerk to receive and audit all ac-
counts and present the same to Com-
mittee.

4. No appropriation to be overdrawn.

5. Condition and manner of paying' money
from the Treasury.

6. Mayor to draw orders, when.

7. Money specially appropriated, how
drawn.

Section

8. City Clerk to report all moneys drawn,
to Coinmittee on Accounts.

9. Officers &c., receiving public moneys to
pay and settle accounts, how often, &c.

10. City Treasurer to give receipt, &c.

11. City Treasurer to keep an accurate ac-
count 01 all Receipts, Payments, &c.

12. Committee on Finance, when appointed.

13. Committee on Finance, its duties.

14. Financial year to begin and end on the
1st day of February.

Section 1. There shall be appointed, at the commence-
ment of each municipal year, a joint standing committee on
accounts, consisting of two members from the Board of Al-
dermen and three members of the Common Council ; which

committee shall meet, at least, every mouth, and carefully
examiue and audit all accounts and claims against the City,
which shall be laid before them, certified as provided in the
succeeding section, and shall allow and pass the same if
found to be correct and justly due.

Sec. 2. No account or claim against the City, other than
judgments of judicial Courts, shall be received or acted on,
by the Committee on accounts, unless such account or claim
shall be accompanied with a certificate of the Mayor, Pres-
ident of the Common Council, or of some officer, committee
or agent, authorized in behalf of the City to make the con-
tract, or cause the expenditure to be made, that the same
is correct.

Sec. 3. The City Clerk shall receive all accounts and
claims from persons having demands against the City, which
shall have been certified as provided in the preceding sec-
tion. He shall carefully examine all such accounts and
claims, and see that they are correctly cast, and present the
same, neatly folded, filed, labelled, to the Committee on
accounts. He shall keep a book, in the manner and form
the said Committee shall direct, wherein he shall enter the
date and amount of every account and- claim against the
City, as finally corrected and allowed by said Committee,
and also the name of the person to whom the same shall be
allowed, — designating the fund or appropriation from which
the same shall be paid : and the certificate of tlie said Com-
mittee, allowing any such account or claim, shall be made
in the book thus kept by the City Clerk.
' Sec. 4. The City Clerk shall also, under the direction of
the Committee on accounts, keep a book or ledger, in which
he shall enter the various appropriations made by the City
Council, each under its appropriate head, and charge to
each the diiferent payments and expenditures, that from
time to time shall be made therefrom. Whenever any

•46

appropriation shall be expended, the City Clerk shall imme-
diately give notice thereof to the Mayor, the City Council,
and to the committee on accounts : which committee shall
pass or allow no claim or account, chargeable to any head
or apprapriation which is expended, until the City Council
shall have provided the means of paying the same. The
City Clerk shall also open an account with the City Trea-
surer, charging him with the amount of all loans to the
city ; and all sums of money paid to him on behalf of the
city, by the collector or other agent of the city, or by any
person in any way indebted to the city ; and also with
all bonds, notes, mortgages, or other securities, in the
hands of the Treasurer, and belonging to the city : to the
end that the amount and value thereof may be seen, at any
time, on his books.

Sec. 5. No money shall be drawn out of the City Trea-
sury except upon the written order of the Mayor, addressed
to the Treasurer, and countersigned by the City Clerk, and
numbered so as to correspond with the number on the ac-
count or claim it shall be drawn to pay.

Sec. 6. The Mayor is hereby authorized to draw orders
on the Treasurer for the payment of all accounts and
claims allowed and certified by the Committee on accounts
as provided in the first section ; but he shall not draw his
order on the Treasurer for the payment of any account or
claim against the city, excepting as provided in the suc-
ceeding section, unless the same shall have been allowed
and certified by the Committee on accounts ; nor shall he
draw any order in payment for any services rendered, or
any materials furnished for any department, beyond the
sum specifically appropriated therefor by the City Council.

Sec. 7. Any sum of money, which shall have been spe-
cially appropriated for the payment of principal or interest
due on any note or other security of the City, or of the town

of Manchester, may be drawn from tlie Treasury, and paid
by the order of the Mayor, for the purpose for which it was
appropriated, without any action on the part of the Com-
mittee on accounts : and whenever it shall be necessary to
pay money in advance, on contracts made or for work begun
but not completed, the Mayor, upon being satisfied of such
necessity, may draw his order on the treasurer for any sum
not exceeding three hundred dollars at any one time.

Sec. 8. Whenever any money shall be drawn from the
Treasury, for the purpose specified in the preceding sec-
tion, the City Clerk shall report the same and the amount
thereof to the Committee on accounts at their next meet-
ing, and shall charge the same under the appropriate head
of expenditure.

Sec. 9. All City officers, who shall, in their official ca-
pacity, receive any money on behalf of the City, shall pay
to the Treasurer the amount in their hands once in three
months, and oftener if required, except the Collector of
Taxes, who shall make such payment whenever the sum in
his hands shall amount to five hundred dollars. All other
persons who shall have money in their hands belonging to
the City, shall forthwith pay the same to the Treasurer.

Sec. 10. In all cases of the payment of money to the
City Treasurer, he shall give his receipt for the amount to
the person paying the same ; which receipt shall be deliv-
ered to the City Clerk, and filed in his office ; and the City
Clerk shall give to the person paying, a certificate as evi-
dence of such payment. And all city officers and agents,
receiving money in behalf of the city, shall deliver to the
City Clerk, once in three months, a report in detail of the
amount received and what disposition has been made
thereof, except in cases otherwise provided.

Sec. 11. The City Treasurer shall, under the direction
of the Committee on accounts, keep, in a book provided

for the purpose, an accurate and true account of all his
receipts and payments on behalf of the city, making the
same conform in the mode of entry, as near as may be,
with the accounts kept by the City Clerk. He shall not
pay any money out of the Treasury, except upon orders of
the Mayor, drawn in the form prescribed in the fifth sec-
tion. He shall, once in six months, and oftener if re-
quired, lay before the City Council a statement of the
condition of the Treasury, and of all moneys received and
paid by him on city account, during the preceding six
months.

Sec. 12. There shall be appointed, at -the commence-
ment of each municipal year, a Committee on Finance,
consisting of the Mayor, one member of the Board of Al-
dermen, and three members of the Common Council ;
which Committee shall negotiate all loans to the city which
shall be authorized by the City Council, and shall report
the amount to the City Treasurer.

Sec. 13. The Committee on Finance shall, in the month
of March, annually, prepare and lay before the City Coun-
cil an estimate of the amount of money necessary to be
raised for the ensuing financial year, under the various
heads of appropriation, and the ways and means of raising
the same : and shall also, in the month of February, annu-
ally, prepare and lay before the City Council a statement of
the receipts and expenditures of the preceding financial
year, giving in detail the amount of appropriation and ex-
penditures for each department : and said statement shall
be accompanied with a schedule of the property, real and
personal, belonging to the City, and the value thereof, and
the amount of the City debt.

Sec. 14. The Committee on Finance shall, at the close
of each municipal year, and as much oftener as they shall
deem it expedient, examine and audit the accounts of the

City Treasurer, and, for that purpose, shall have access to
all books and vouchers in his possession or in possession of
the City Clerk, or any other officer of the City. The said
Committee shall not only compare said accounts with the
vouchers thereof, but shall ascertain whether all moneys
due the city have been collected and accounted for : they
shall also examine all notes and securities in his hands be-
longing to the city, and make report thereof to the City
Council.

Sec. 15. The City Treasurer shall make up his accounts
to the first day of February ; and the financial year shall
henceforth begin and end on the first day of February in
each year.

CHAPTER 4.

Of the City Marshal and Police.

Section

1. Appointment of City Marshal.

2. Bank of Marshal and assistants, and

duties, &c.

3. Duty as to streets, &c.

4. Duties as to public health.

5. To execute all ordinances relating' to

unlawful practices in the streets, &c.

6. Duties of Marshal in case of fire.

7. Appointment of night-watch.

8. City Marshal to be Captain of watch,

&c.

9. To wear badge. i
10. Mayor and Aldermen to remove, ap-
point successor, &c. I

Section
H. Mayor and Aldermen to appoint police

officers, &c.
18. City Marshal. &c., to pay over fees, &c.

13. City Marshal and assistant to devote

whole time.

14. Compensation of City Marshal.

15.

Assistant.

16. "

Constable.

17. "

Police officers

18.

Watchmen.

19.

Night watch.

Section 1. The Mayor and Aldermen shall appoint, and
shall hereafter at the commencement of every municipal
year, appoint a City Marshal and an assistant Marshal.
5

They shall be severally appointed to the office of constable ;
and before entering upon the duties of their office, shall
take, before the Mayor and Aldermen, the oath prescribed
by law for constables, and shall each give bond, in the sum
of three hundred dollars, mth surety, to be approved by
the Mayor and Aldermen, for the faithful performance of
the duties of his office.

Sec. 2. The City Marshal shall have precedence and
command over the assistant Marshal and the other con-
stables of the city, when acting together in the same ser-
vice, or when thereto directed by the Mayor. In the
absence of the City Marshal, the assistant Marshal shall
have such precedence and command. They shall aid and
assist the City Marshal in executing the duties of his office
when requested by him, or directed so to do by the Mayor.
But when neither the City Marshal or assistant Marshal
shall be present, said constables shall have power to act in
their stead, taking precedence in the order of their ap-
pointment.

Sec. 3. The said City Marshal shall, from time to time,
pass through the streets, lanes and alleys of the city, and
take notice of all nuisances, obstructions and impediments
therein, and on the sidewalks thereof, and cause the same
forthwith to be removed, and the authors thereof to be
prosecuted according to law. He shall observe all defects
and wants of the highways and streets, and give immediate
notice thereof to the Mayor and Aldermen, to the end that
the same may be amended. He shall to the utmost of his
power preserve the public peace, and prevent all riots, dis-
orders, and unlawful practices within the city. He shall
carry into execution within the city, the laws of the State,
and all the ordinances of the city, and be vigilant, detect
and bring to punishment all violators thereof. He shall
obey and execute all the commands of the Mayor and Al-

dermen, which in any way relate to the interest or security
of the city and the inhabitants thereof. He shall receive
all complaints made to him of any violation of the laws or
of any ordinance of the city, and shall, in behalf of the
city, cause the offenders against such laws and ordinances,
to be promptly prosecuted before the Police Court of the
city of Manchester, and shall attend, on behalf of the city,
at their trials. He shall lay before the Mayor and Alder-
men, once in three months, and oftener if required, a state-
ment of all offences against the laws of the State and the
ordinances of the city, and of all prosecutions instituted by
him on behalf of the city, and the result thereof.

Sec. 4. The said Marshal shall, under the authority and
control of the Mayor and Aldermen, carry into execution
all rules and ordinances, which shall from time to time be
made by the City Council, relative to the causes of sick-
ness, nuisances, and sources of filth, which may effect inju-
riously the health or comfort of the inhabitants ; and they
shall cause all such nuisances, sources of filth, and causes
of sickness, to be immediately removed, destroyed, or pre-
vented, conformably to such ordinances and laws of the
State.

Sec. 5. The said Marshal shall execute and carry into
effect all ordinances, which shall from time to time be
made by the City Cou||iil, to prevent unlawful and injuri-
ous practices in tlio streets and other public places in the
city.

Sec. (3. The said Marshals and the other constables of
the city shall, in case of fire, repair to the j)lace where the
fire may lie, and attend diligently to the preservation of the
public peace, and the prevention of thefts and of the loss
or destruction of property. The watchmen, on an alarm
of fire being given, shall give notice thereof by crying fire,
and naming the street or direction in which it may be.

Sec. 7. The Mayor and Aldermen may from time to
time, order a suitable watch to be kept in the night ; and
for that purpose may appoint any number of watchmen,
not exceeding ten, which they may deem necessary, and
establish all needful rules and regulations for the govern-
ment thereof.

Sec. 8, The City Marshal shall be captain of the watch,
and shall obey and execute all rules and orders made and
given him in charge in that behalf by the Mayor and Al-
dermen. He shall, when on the watch, pass in and about
the streets, lanes and principal inhabited places of the city,
to prevent danger by fire, and to see that order is kept,
and that all disturbances and disorders are prevented and
suppressed, and, for that purpose, he as well as any of the
night watch, shall have authority to examine all persons
whom they shall see walking abroad in the night, after ten
o'clock, and whom they shall have reason to suspect of any
unlawful uGsigh, anu to demanu of tlicm thsir buslIlCSS
abroad at such time and whither they are going ; to enter
any house of ill-fame, dram-shop, cellar, or other buildings,
for the purpose of suppressing any riot or disturbance
therein, and to arrest any persons there found making or
abetting in such riot or disturbance, and all persons so
walking abroad and suspected of jtny unlawful design as
aforesaid, who shall not give a satisfactory account of their
so being abroad and of their business, and all persons so
arrested in such houses of ill-fame, dram-shop, cellar, or
other building, shall be secured by imprisonment or other-
wise, to be safely kept imtil the next morning, and shall
then be taken before the Police Court, to be examined and
proceeded with according to the nature of their offence.

3ec. 9. The said Marshal and all other watchmen, when
attending watch, shall carry with them such badge of their
offtce as tlje Mayor and Aldermen shall prescribe.

Sec. 10. The Mayor and Aldermen may at any time, by
vote, remove from offiee either of said Marshals, and ap-
point a successor or successors. They may also, in case of
the death or resignation of either of the said Marshals, ap-
point another in his place.

Sec. 11. The Mayor and Aldermen may appoint any
number of Police officers they may think necessary, by
writing under their hands. Said officers may be appointed
at any time during the year, and may be removed at the
pleasure of the Mayor and Aldermen, and shall hold their
office imtil the last day of the month of March next suc-
ceeding their appointment, unless removed, and shall each
of them render to the City Marshal, once in three months,
an account of their services, and of the time spent in the
discharge of their official duties.

Sec. 12. The assistant City Marshal, constables, watch-
men, and police officers of the city, upon receiving any fees
as witnesses in any criminal case, or fees for services of any
criminal process, and any moneys for services in behalf of
the city, shall forthwith pay over the same to the City Mar.
slial. The City Marshal shall keep an account of all the
moneys thus received, and pay over the same when re-
ceived, together with his own fees received as witness in
any criminal case, or for services of any criminal process,
and all moneys received for services in belialf of the city,
to the City Treasurer.

Sec. 13. The City Marslial and assistant Marshal shall
devote their whole time to the services of the city and
duties of their office.

Sec. 14. Tlie City Marshal shall receive in full for all
his services as City Marshal, Constable, Police officer, and
Health officer, the sum of seven hundred dollars per an-
num, to be paid quarterly.

Sec. 15. The assistant City Marshal shall receive in fuU
for all. his services as assistant City Marshal, Constable, and

Police officer, the sum of five hundred dollars per annum,
to be paid quarterly.

Sec. 16. Each of the Constables of the city shall receive
in full for his services as Constable and Police officer, the
sum of one dollar and fifty cents per day, when employed
in the service of the city, under the direction of the City
Marshal or his assistant.

Sec. 17. Each of the Police officers shall receive in full
for all his services, the sum of one dollar per day, when
employed in the service of the city under the direction of
the City Marshal or his assistant.

Sec. 18, Each of the watchmen of the city shall receive
in full for all his services as watchman or Police officer,
when performed to the acceptance of the City Marshal, the
sum of one dollar and twenty-five cents per day, to be paid
monthly.

Sec. 19. Each of the night watchmen, or night police,
shall receive in full for all his services as watchman and
police officer, when performed to the acceptance of the City
Marshal, the sum of one dollar and fifty cents per day, to
be paid monthly.

CHAPTER 5.

Of Streets and Abuses therein.

SEOtlOtJ

1. No person to encumber streets, &c.

2. Mayor and Aldermen to grant license.

3. Fence and lig-ht to be kept up.

4. Boor-steps, platforms and porticoes not

to encroach upon sidewalk.

5. Fence to be kept up in certain cases.

6. Dirt or rubbish, &c., not to be swept or

deposited in any street.

7. Fire-wood, coal, &c., not to remain on

sidewalk, &c.

8. Snow to be removed, when, &c.

9. Sidewalk not to be obstructed.

10. Houses, &c., removed, how, &c.

11. Snow, ice, &c., to be evenly spread, &c.

12. No team, &c., to obstruct flagging

stones.

13. Sleighs or sleds, &c., not to be driven

faster than a walk, proviso.

Section

14. Awnings and shades not to be erected,

unless.

15. When otherwise ei'ected to be removed.

16. Marshal to remove, Avhen, &c.

17. Brawls, tumults, &c., in streets, for-

bidden.

18. Obscene songs, &c., forbidden.

19 Injury to buildings, fences, trees, &c.,
forbidden.

20. Use of fire-arms, &c., in streets, &c.,

forbidden.

21. Public bathing prohibited.

22. Carriages not to be used on sidewalk.

23. Careless and fast driving and riding

prohibited.

24. No carriage or team to pass through

streets without driver.

25. Violations, how punished.

Section 1. No person shall break or dig up the ground
or stones m any street, lane or alley, or on any sidewalk
or common, in the city, or erect any staging for building,
or place or deposit any stone, bricks, timber, or other
building materials, thereon, v/ithout first obtaining a writ-
ten license from the Mayor and Aldermen, or some person
authorized by them to grant such license, and complying,
in all respects, with the conditions of such license.

Sec. 2. The Mayor and Aldermen may grant a license
in writing, to any person, for the purpose of building, or
other lawful purposes, to dig up, obstruct or encumber so
much and such parts of any street, lane, alley, sidewalk, or
other public place in the city, and on such terms and con-
ditions as they shall deem to be safe and proper.

Sec. 3. Whenever any street, lane, alley, sidewalk or
other public place in the city shall, under any license
granted as provided in the preceding section, be dug up,
obstructed, incumbered, or otherwise rendered thereby un-
safe, or inconvenient for travelers, the persons so licensed,
shall put and at all times keep up a suitable railing or
fence round the section or parts of any street, lane, alley
or other public place, so dug up, obstructed or incumbered,

so long as the same shall be or remain unsafe or inconven-
ient as aforesaid ; and shall also keep one or more lighted
lanterns fixed to such fence, or in some other proper man-
ner, every night from twilight in the evening and through
the whole night, so long as such railing or fence shall be
kept standing. He shall, also, witliin such reasonable time
as the Mayor and Aldermen shall direct, amend and repair
such street, lane, alley, sidewalk, or public place, to the
acceptance of said Board.

Sec. 4. No person shall make, erect or maintain any
door-step, portico, 'porch, entrance or passage way to-
any cellar or basement, or any other structure, in or upon
any street, lane, alley or sidewalk, in the city, without per-
mission in writing from the Mayor and Aldermen. No
person shall suffer the platform or grate of the entrance or
passage way to his cellar or basement, heretofore construct-
ed, or which may hereafter be constructed, in any street,
lane, alley or sidewalk, to rise above the even surface of
such street, lane, alley, or sidewalk ; and every such en
trance or passage way shall he at all times kept covered by
a suitable and substantial platform or grate ; or in case it
shall be kept open, it shall be guarded and protected by a
sufficient railing, on ' both sides thereof, at least two feet
and a half high, and well lighted at night. No person shall
permit or suffer his well, cistern, or drain in any street,
lane, alley, or sidewalk in the city, to be or to remain open
or uncovered, unless the same shall be enclosed bv a strong
and safe curb, guard or fence.

Sec. 5. If any person shall dig or sink, or cause to be
dug or sunk, any well, cellar, cistern, drain or other cavity
in the ground, near to or adjoining any street, lane, or
alley, in the city, he shall put up, and at all times keep up,
so long as it shall be necessary for the purpose, a railing
or fence, on or near the line of such street, lane or alley,

sufficient to guard and protect travelers and passengers
from falling into, or being injured thereby.

Sec. 6. No person shall put or place, or cause to be put
or placed, in any street, lane, alley, or other public place
in the city, any house-dirt, ashes, garbage, shreds, shavings
filth, suds, offals, oyster shells, or other kinds of rubbish,
except in such place and in such manner as the Mayor and
Aldermen shall prescribe.

Sec. 7. No person shall suffer his fire-wood, coal, or
other fuel, in any quantity, to remain unnecessarily on any
sidewalk, or in any street, lane or alley in the city, over
night, or after twilight in the evening. If the same must
of necessity remain after twilight, or through the night,
the owner thereof shall place and keep a sufficient light
over or near the same, through the night, in order to give
notice thereof to travelers and passengers, and thereby
prevent injury to thein.

Sec. 8. The tenant or oOQiipant^ oi' if there be no ten-
antj the owner of any building or lot of land bordering on
any street where there is a sidewalk, shall cause all snow
to be removed from the sidewalk adjoining his premises,
and spread evenly on the ground, within six hours after
the snow shall have ceased to fall, if in the day time, or
before two of the clock of the afternoon next succeeding,
if the snow shall have ceased to fall in the night time.

Sec. 9. Three or more persons shall not stand in a
group, or near each other on any foot or sidewalk, so as to
obstruct a free passage for foot passengers ; and any person
or persons obstructing the foot or sidewalks shall move on
immediately after a request made by the Mayor, any Police
officer, or Watchman, under a penalty of not less than one
dollar nor more than ten dollars for each offence.

Sec. 10. No person shall move, or assist in moving, any
house, shop, or other building, through any street, lane or

alley, or over any bridge in the city, without first obtaining
a written license therefor, as provided in the second section.

Sec. 11. Any person who shall throw or put, or cause
to be thrown or put, any snow or ice into any street, lane
or alley, in the city, shall cause the same to be broken up
and spread evenly over the surface of such street, lane or
alley.

Sec. 12. No person shall stop his team or carriage, or
unnecessarily place any other obstructions on any flagging
stones laid in or across any street, lane or alley, in the city.

Sec. 13. No sleigh or sled of any description, whether
of burthen or pleasure, shall be driven faster than a walk
through any part of said city during any time that snow or
ice shall be upon or cover the streets, squares, lanes, or
alleys of said city, unless there shall 1)0 three or more bells
attached to the horse or horses, or to some part of the har-
ness thereof.

Sec. 14. No person shall place or establish any awning
or shade before his or her place of business, or dwelling
house, over any part of any street or sidewalk, unless the
same shall be composed of white cloth and safely fixed and
supported by strong iron rods or railings, so as in no wise
to incommode passengers, and so that the lowest part of
such awnings or sliades shall be at least eight feet in height
above the sidewalks ; and all such awnings or shades shall
be made or erected so that the same may be rolled up by
means of rope and pulley.

Sec. 15. All awnings or shades constructed otherwise
than as provided in the foregoing section, shall be removed
forthwith by the person owning or having control of the
same.

Sec. 16. It shall be the duty of the City Marshal to^
cause to be removed all awnings or shades constructed
otherwise than as provided in Section 14 of this ordinanccr.

and to prosecute any person offending against any of its
provisions.

Sec. 17. No person shall make any brawls or tumults,
or, in any street, lane or alley, or public place, be guilty of
any rude, indecent or disorderly conduct, or shall insult
or wantonly impede any person passing thereon, or shall
throw any stones, bricks, snowballs, or dirt, or play at l^all
or at any game at which l)all is used.

Sec. 18. No person shall sing or repeat, or cause to be
sung or repeated any lewd, obscene, or profane songs, or
shall repeat any lewd, obscene, or profane words, or write
or mark in any manner any obscene or profane word, or
obscene or lascivious figure or representation, on any build-
ing, fence, wall, post or other thing whatever.

Sec. 19. No person shall wantonly injure or deface any
building, fence, wall, post, sign-board, or sign, or any lamp-
post, or lamp or lantern thereon, or shall wantonly cut or
injure any tree standing in any street, highway or public
jjlace, or shall rob any garden or field of fruit or vegeta-
bles, or shall wantonly injure any trees, shrubs, or bushes
growing in any street^ common or square, garden, field, or
yard, or shall, without lawful permission, climb on or over
any fence of any garden or yard.

Sec. 20. No person shall, within the compact part of the
city, fire or discharge any cannon, gun, pistol, or other fire-
arms, or fire or discharge any rockets, squibs, crackers, or
any preparation of gun-powder, (except by permission of
tlic Mayor and Aldermen in writing,) or shall make any
bonfire, or improperly use or expose any friction matches,
or knowingly raise or repeat any false cry of fire.

Sec. 21. No person sliall, within the view of any dwel-
ling house, or of any public road or street, in the daytime,
l)athe or swim without necessity, or expose his person inde-
cently in dressing or undressing for the purpose of swim-
ming or bathing or otherwise, without necessity.

'^ 60

Sec. 22. No person shall, without necessitj, drive any
wheel carriage, sled or wheelbarrow on or over the side
pavements or walks of any street, lane or alley, or ride or
lead any horse thereon.

Sec. 23. No person shall ride through any street or lane
in the compact part of the city on a gallop, or at any swifter
pace than at the rate of five miles an hour.

Sec. 24. No person having charge of any cart, dray,
sled, or other carriage drawn by horses or oxen, shall suf-
fer the same to pass through any street in the compact
part of the city, without keeping with and carefully at-
tending the same, and keeping such horses or oxen under
his command.

Sec. 25. Any person violating any of the provisions of
this chapter, shall be punished by a fine not exceeding ten
dollars nor less than one dollar, and shall pay costs of
prosecution and stand committed until the same be paid,
or by confinement to hard labor in the House of CorrectioD
for a term not less than five days, nor more than thirty
days.

CHAPTER 6.
Of the Fire Department.

Section

1. Department to be divided into compa-

nies.

2. Number of men of fire department.

3. Officers and their duties.

4. Cliief Engineer to have control, &c.

5. Chief Eng-ineer to inquire into and re-

port condition of apparatus.

6. Assistant Engineers to perform duties

in absence of Chief Eng-ineer.

7. Engines, &c., to be conveyed to fires.

8. After a fire, engines, &c., to be washed,

oiled and housed.
■9. Members of Department to wear badge.
10. Injury to fire apparatus punished.

Section

11. Penalty for allowing chimneys, &c., to

take fire.

12. Powers of Engineers to inquire for and

examine places ivhere shavings are
kept.

13. Power of Engineers over fire depart-

ment.

14. Engineers to establish regulations, &c.

15. To make and enforce rules for the gov-

ernment of the department.

16. Disorderly conduct, &c., how punished,

17. Compensation of members.

18. " engineers.

19. " steward.

Section 1. The fire department shall consist of a Chief
Engineer, ten assistant Engineers, and as many engine
men, hose men, and hook and ladder men, to be divided
into companies, as the number of engines and the number
and quantity of the other fire apparatus belonging to the
city, or to the incorporated companies located therein,
shall from time to time require, and the appointment of
said engineers shall be made by the Mayor and Mdermen
in the month of April annually : provided, however, that
vacancies may be filled at any time, and said Engineers
shall constitute the Board of Engineers, and shall perform
the duties and exercise the powers of firewards.

Sec. 2. Each Engine Company shall consist of not more
than fifty members, each Hose or Hydrant Company of not
more than forty members, each Hook and Ladder Compa-
ny of not more than forty-five members, and sliall be ap-
pointed by the Board of Engineers and Board of Mayor and
Aldermen, in the month of April or May annually.

Sec. 3. Each of said Companies shall have a Foreman,
Assistant Foreman, Clerk, and Steward, and sucli other
ofiicers as may be necessary, to be elected by a major vote
of their respective companies, and confirmed by the Board
of Engineers. It shall be the duty of the Foreman, and in
his absence of the Assistant Foreman, to direct the time
6

and place of drill, to see that the engines and other appa-
ratus, together with the buildings entrusted to their care,
are kept clean and in order for immediate use, to preserve
order and discipline at all times, and to require and en-
force a strict compliance with the rules, regulations and
orders of the Board of Engineers. It shall be the duty of
the Clerk of the respective companies to keep an exact roll
specifying the time of admission and discharge of each
member of their companies, and also the number of hours
each member has been on .duty, for which he is entitled to
pay, and to report the same, sworn to, to the Chief Engi-
neer, within five days from the performance of said duty.
It shall be the duty of the Steward to keep clean the house,
hose, machines, and all other apparatus belonging to the
company, to clean the snow from the sidewalks during
winter, and at all times to see that the engine and other
apparatus are fit for use.

Sec. 4. In all cases the Chief Engineer shall have the
sole and absolute control and command over all the Engi-
neers, and other members of the department, except in
case of fire in any of the mill yards of any of the incorpo-
rated Manufacturing Companies, in which case the Agent,
Superintenrlent, or principal resident officer of such Com-
pany, shall, if he choose so to do, exercise all the power of
the Chief Engineer, and it shall be the duty in such case of
all the members of the Fire Department to act under the
direction and obey the orders of such Agent, Superintend-
ent, or officer.

Sec. 5. It shall be the duty of the Chief Engineer, at
least once a month, and also within three days after every
fire, to examine into the condition of all the fire apparatus
belonging to the city, and to report on the same, annually,
in the month of February, to the Board of Aldermen ;
stating also in his report the condition of the department,

and an appraisal of all property belonging to the same.
He shall also, under the sanction of a committee of the de-
partment, to consist of five members, cause all the repairs
to be made upon the fire apparatus of the city, when
necessary.

Sec. 6. In the absence of the Chief Engineer, the next
assistant engineer in rank who may be present, shall have
the powers and perform the same duties that belong to the
Chief Engineer ; and seniority in rank of the Engineers
shall be determined by the Board of Engineers in April or
May annually.

Sec. 7, It shall be the duty of the members of the fire
department, whenever any fire shall break out in the city,
forthwith to repair to their respective engines and other
apparatus, to convey the same to or near the place where
the fire may be, to place themselves under the control
•of the Chief and other Engineers, and upon permission
from the Chief or presiding Engineer, in an orderly man-
ner to return such engines arid apparatus to their respect-
ive places of deposit : Provided, that in the absence of all
the Engineers, such permission and all orders shall proceed
from their respective foreman.

Sec. 8. Each company of engine men or members of the
fire department, on returning from any fire shall cause
their respective engines and other apparatus to be well
■cleansed and washed, oiled and securely housed.

Sec. 9. All the members of the departnient shall wear
some suitable badge, when on duty, to be determined by
the Engineers.

Sec. 10. If any person shall wantonly or knowingly in-
jure any of the fire apparatus owned by the city or pro-
vided for the extinguishment of fire, or shall ride or drive
any animal or carriage over or across any hose or other
apparatus in use at any fire, or upon any alarm of fire, he
shall be subject to a penalty not exceeding ten dollars.

Sec, 11. If any chimney, stovepipe or funnel shall ]take
or be set on fire, the owner or occupant of the building or
tenement to which such chimney, stovepipe or flue apper-
tains, shall forfeit and pay the penalty of two dollars for
each offence. Provided, however, that any person may
lawfully burn out or set fire to his chimney, stovepipe or
flue, at any time between sunrise and noon, when the roof
of his own and the neighboring houses are thoroughly wet
with rain or covered with snow.

Sec. 12. It shall be the duty of the Board of Engineers
to inquire for, and examine into, all places where shavings
and other combustible materials may be collected and de-
posited ; and to cause the same to be removed by the ten-
ants or occupants of any such places, or at their expense,
whenever in the opinion of said Board, or of any commit-
tee of said Board, such removal may be necessary to the
security of the City against fire.

Sec. 13. The Engineers shall have the control of ail
persons appointed to serve in any company of the fire de-
partment, and power to direct and control the labor of all
persons present at any fire. Any Engineer may and shall
cause any fire by him deemed to be dangerous in any place
to be extinguished or removed.

Sec. 14. The Engineers may establish such regulations
respecting the kindling, guarding and safe-keeping of fires,
and for the removing of shavings and other combustibles
from any building or place, as they shall think expedient.
Such regulations shall be signed by a major part of the En-
gineers, recorded by the City Clerk, and copies by him
attested posted up in two or more public places in the city
thirty days before they shall take efiect. Penalties not ex-
ceeding twenty dollars for each offence, may be prescribed
by the Engineers for the breach of such regulations, and
such regulations shall remain in force until altered or
amended.

Sec. 15. The Board of Engineers may, from time to
time, make and enforce sncli regulations for the govern-
ment of the department as they may deem proper.

vShc. 16. If any member of citlier of the several compa-
nies shall wilfully neglect or refuse to discharge his duty,
or shall be guilty of disorderly conduct, or disobedience to
any officer or to any Engineer, he shall for any such of-
fence be forthwith dismissed from the department. No
person shall bo permitted to engage to serve in the fire
department who is under the age of eighteen years, and
who does not sustain a good moral character.

Sec. 17. Every member of an engine, hook and ladder
or hose company, who shall personally perform all the
duties required by law, shall receive the sum of five dollars
per annum, to be paid semi-annually ; and the sum of
twenty cents per hour at alarms of fires, and forty cents
per hour at fires.

Sec. 18. Tlie Cliief Engineer shall receive in full for his
services the sum of fifty dollars per annum, to be paid at
the end of his term of office ; and the assistant Engineers
shall each receive in full for their services twenty-five dol-
lars per annum, to be paid at the end of their term of
office.

Sec. 19. The Steward of each engine company in Ibis
city shall receive in full for the performance of all the
duties incumbent u])Ou liim as such SteT^rd, when per-
formed to the acceptance of the Board of Engineers, and
the Foremen of the several companies, each the sum ol'
fifty dollars per annum, to be paid in equal semi-annual
payments, and charged to tiie appropriation for fire de-
partment.

66
CHAPTER 7.

Nuisances and Health.

1. Ficbibitioa foi' erecting building-s for

die manufacture and storage of cer-
tain articles without a license.

2. License from Board of Health for build-

ings already erected, exceptions.

3. Penalties, how recovered.

4. Mayor to appoint health cfficers.

5. Health officers may make regulations.
tj. iieallh officers to complain of nui-
sances.

Section'
9. Health officers may remove nuisances
without notice, when.

10. Owner or occupant to pay expenses.

11. Penalty for leaving offensive matters.

12. Privies and styes ifor swine regulated.
13 Ko vault or privy to be opened w ithout

permission.

14, Fenalty for offences.

15. Mayor and AldeiTnen to appoint City
Physician, and his duties.

7. Health officers to remove nuisances' IG. Health officers give notice to remove

after notice. nuisance, penalty for neg'lcct.

8, Health officers ta employ assistant. '

Section 1. No person or }>ereons shall liereafter erect or
cause to be erected any building for the tiying of tallow,
currying of leathe-r, deposit of grease, pelts or skins, boiling
of bones, cleaning tripe or manufacture of glue, within the
city of Manchester, without having first obtained a license
from the Board of health therefor.

Sec. 2. No person or persons shall use or cause to be
used any building already erected for any of the above
mentioned purposes, without having first obtained a license
from the Board of Health therefor, provided nothing in
this ordinance shall be so construed as to effect any build-
ing already used for any or all of said purposes.

Sec. 3. Any person or persons offending against any of
the provisions of this ordinance shall be fined not less than
one dollar nor more tliaii ten dollars for every day he or
they shall coiftinue tlie same, after notice from the Health
Officers to remove said nuisance, to be recovered on com-
plaint before the Police Court.

Sec. 4. The Mayor siiall, at the commencement of each
municipal year, appoint three Health officers, to consist of
the City Marshal and two other persons, who shall each of
them have power to carry into execution all laws of the
State, and ordinances of the City Council, made for the
preservation of tlic health of the inhabitants of said city.

Si:c. 5. The Health officers may make regulations fur
the i)revention and removal of nuisances, and such other
regulations relating to the public health, as in their judg-
ment the health and safety of the people may require,
■wliieh shall take effect when they shall have been approved
by the Mayor and Aldermen, recorded with such approba-
tion by the City Clerk, and copies thereof posted in two or
more public places in the city.

Sec. G. It sliall be the du.ty of the Health officers and
each of them, to inquire into all nuisances and other causes
of danger to the public health, and whenever they shall
know or have cause to suspect that any nuisance or otlier
thing injurious to the public health, is in any building, ves-
sel or enclosure, they shall make complaint under oath to
some Justice of the Peace, who shall issue a warrant di-
rected to them to search such building, vessel or enclosure,
and they may by virtue thereof in the day time forcibly
enter therein and make such search.

Sec. 7. The Health officers may give written notice to
the owner or occupier of any building, vessel or enclosure,
to remove or destroy any nuisance or other thing deemed
by them on examination to be injurious to the ])ublic
heal til, within a certain time limited therein ; and in case
such owner or occupier, the said notice having been given
to him or left at his usual place of abode, shall neglect to
comply therewith, the said Healtli officers may forci!)ly en-
ter sucJi Ijuilding or enclosure, and cause the said nuisance
or other thing aforesaid to be removed or destroyed.

Sec. 8. They may employ such assistants and laborers
as may be necessary, and if resisted shall have the same
powers as sheriffis have by law to command assistance ; and
any person wilfully resisting them or their assistants or
laborers in making such search or removing any such nui-
sance, or other tiling aforesaid, shall on conviction be pun-

islied by imprisonment not exceeding twelve months, or by
fine not exceeding five hundred dollars.

Sec. 9. When the owner of any building, vessel or en-
closure shall be unknown to the Health officers, or shall
not reside in town, and the same shall be unoccupied, or
tlie occupant is in their opinion unable to remove the same^
tliey may without any previous notice immediately cause
any nuisance, or other thing by them deemed injurious to
the public health, found therein, to be removed or de-
stroyed.

Sec. 10. The owner or occupier of any building, vessel
or enclosure shall be liable to pay the expense of the re-
moval or destruction of any such nuisance or other thing
as aforesaid, including the fees of the Health officers who
order or cause the same to be removed, and the same may
be recovered by action to be brought by the Health officers
in the name of the city.

Sec. 11. If any person shall place or leave, or cause to
be placed or loft in or near any highway, street, alley or
public place, or in any water where the current will not
remove tlie same, any substance liable to become putrid or
offensive, or injurious to the public health, he shall incur a
penalty of not more than ten dollars nor less than one
dollar.

Sec. 12. If any person shall erect or continue any house
of easement or privy within forty feet of any street, or of
the dwelling, shop or well of any other person, unless the
same is vaulted six feet deep and sufficiently secured and
enclosed, or shall erect or keep any pen or stye for swine
so near the dwelling house of another as in the judgment
of the Mayor and Aldermen shall be a nuisance, he shall
incur a penalty of ten dollars, and a like penalty for each
month he shall continue the same after due notice of such
judgment.

Sec. 13. No vault or privy shall be opened without per-
mission of the City Marshal, nor by any other person, nor
in any other "mode, nor at any other time, than such as
said Marshal may direct.

Sec. 14. Any person who shall offend against any of the
provisions of this chapter, sliall forfeit and pay for each of-
fence a penalty of not less than one nor more than ten
dollars.

Sec. 15. The Mayor and Aldermen shall, annually, at
the commencement of each municipal year, appoint some
suitable person to be City Physician, who shall remain in
said office during the pleasure of said Mayor and Alder-
men, and whose place, in case of vacancy by resignation,
removal, or any other cause, may be supplied by a new ap-
pointment. And it shall be the duty of said Physician to
attend, under the direction of the overseers of the poor,
upon all sick paupers and patients under the care of the
•city authorities at the poor farm or elsewhere, except in
cases provided for by the county. In case of an alarm of
any infectious or contagious disease, to give to either
branch of the City Council or any committee thereof, all
such professional advice and counsel as they may request
of him, and generally to perform such other professional
services as may reasonably be required of him, by the
Mayor and Aldermen or the City Council ; and shall re-
ceive such compensation as the Mayor and Aldermen shall
from time to time determine.

Sec. 16. The Health officers may give written notice to
the owner or occupier of any building, vessel, enclosure or
other place or thing deemed by them on examination to be
injurious to the public health, to cleanse, remove or aljate
the same immediately, and in case such owner or occupier
shall neglect for the space of four days to comply there-
with, he shall incur a penalty of not less than one or more

than ten dollars, and a like penalty for each day he shall
continue the same ; and such notice may be served by
giving the same to such owner or occupier, or leaving the
same at his usual place of abode.

CHAPTER 8.

Sunday or Lord's Day,

Section I Section

I. Shops to be closed, except, 3. What is Sunday.

S. No smoking' in the streets. | 4. Penalty for offending.

. Section 1. No person shall keep open his shop, ware-
house, cellar, restorator or workshop, for the reception o^
company, or shall sell, give or expose to sale any spirituous
or intoxicating liquors of any kind, or fruits, nuts, cigars,
oysters, or confectionery of any kind, or books, pamphlets,
newspapers, or merchandise of any kind, on the first day of
the week, commonly called the Lord's day : but this shall
not be construed to prevent any druggist or apothecary
from selling medicine for medicinal purposes, or so as to
prevent barbers or hair dressers from pursuing their avoca-
tion until the hour of 10 A. M., on said day, or to prevent
the city agent or agents appointed for the purchase of
spirituous and intoxicating liquors, and for the sale thereof
within the city of Manchester, agreeably to an act of the
Legislature of the State of New Hampshire passed June
session, 1855, entitled " An act for the suppression of in-
temperance," from selling such liquors for medicinal pur-
poses, agreeably to the rules and regulations of the Board

of Mayor and Aldermen, or as may be established by said
Board for the government of such agent or agents.

Sec. 2. No person shall smoke any pipe or cigar in any
public street or on any sidewalk in said city, within one
mile of the City Hall, on said first day of the week.

)Sec. 3. For the purpose of the provisions of the two pre-
ceding sections, the Lord's day shall be understood to in-
clude the time between the midnight preceding and the
midnight of said day.

Sec. 4. Any person offending against any of the pro-
visions of this chapter, shall be liable to a fine of not less
than one dollar nor more than ten dollars for each offence.

CHAPTER 9.

Sewers and Drains.

Section | Section

1. Abuttors may enter sewer, when. 3. Drains, how constructed?

2 Conditiong for entering. | 4. Licenses forfeited, when.

Section 1. The several persons owning lands abutting
on streets in which a common sewer is or shall be con-
structed by the city, may be permitted to construct drains
from their lots into such sewer, upon the following terms,
having first obtained a license therefor of the City Clerk.

Sec. 2. Each owner shall pay for such permission the
following rates, viz : Owners of land on Elm street, east
side, shall pay fifty cents per foot front ; owners of land on
Elm street, west side, shall pay thirty-seven and a half

cents per foot front ; owners of land on any street running
east and west shall pay thirty cents per foot front ; owners
of corner lots who have paid for permission to enter the
sewer on Elm street, may obtain permission to enter a
drain in the sewer on the cross street at the same rate as
for a twenty-five foot lot on that street ; owners of lots on
streets running north and south exceeding fifty feet front,
shall pay twenty cents per foot front, provided, always,
that whenever it is the opinion of the joint standing com-
mittee on sewers and drains that any person should, and of
right ought to be permitted to enter a drain into any of the
common sewers of this city, at a less price than herein
specified, the Mayor and Aldermen may grant such license,
at such price as the City Council shall determine.

Sec. 3. All drains which shall hereafter be entered into
the common sewer, shall be constructed of stone, brick,
iron, or sound plank of not lesss than two inches in thick-
ness, and all the joints and connections securely cemented,
and the same shall be provided with a gate or some other
apparatus that shall prevent the water from the common
sewer pouring back through said drain.

Sec. 4. Any person who shall sufier the water from any
adjoining lot to pass through his drain into the sewer, shall
forfeit his perifiit, and his drain shall be cut off.

CHAPTER 10.
Election of Officers.

Section ' tSection

1. City ofiicers to be elected in April. 4. All to be elected in January may be

2. Term of ofKce ; vacancies, how filled. I elected in January or February.

3. All officers required to be elected inl

April to be elected in January. |

Section 1. The City Council in Convention shall, in the
month of April, annually, elect the following officers, viz :

City Solicitor,

City Treasurer,

City Messenger,

Superintendent of Highways,

Corders and Measurers of wood, bark and manure,

Weighers of hay and straw.

Surveyors of lumber,

Fence Viewers,

Sealer of weights and measures.

Field Drivers,

Pound Keepers,

Cullers of brick.

Measurers of stone.

Measurers of brick and plastering.

Measurers of painting.

Cullers of hoops and staves.

Sealers and measurers of leather.

Superintendent of alms-house and City farm,

Keeper of the house of correction.

Superintendent of burials, ^

Measurers of coal.

Clerk of the market,

Hogrccves.

Sec. 2. Who shall hold their offices for one year, unless
sooner removed, and until others are chosen and duly
qualified ; and if any vacancy shall occur in any of said of-
fices which it shall be deemed necessary or expedient to fill
7

before the month of April next thereafter, the same may be
filled by the City Council in Convention.

Sec. 3. All officers now required by any ordinance to be
elected by the City Council or ajDpointed by the Mayor and
Aldermen in the month of April annually, shall be here-
after so elected or appointed in the month of January.
(Repealed by next section^)

Sec. 4. All officers now required by any ordinance to be
elected by the City Council or appointed by the Mayor and
Aldermen in the month of January annually, shall be
hereafter so elected or appointed in the month of January
or February annually, and that vacancies may be filled at
any time.

CHAPTER 11.

Duties and Compensation of City Officers.

Section

1. Salary and duties of Mayor.

2. Duties and salary of City Clerk.

3. Duties of City Solicitor.

4. Salary of City Solicitor.

Section

8. Salary of Health officers.

9. Salary of School Committee.

10, Salary of Overseers of the Poor.

11. Duties and salary of the Clerk of the

5. Duties and salary of City Messenger. I Board of Overseers.

6. Salary of City Treasurer. , J 12. Salary of Selectmen and Ward Clerks.

Duties and compensation of Superiii-| 13. Salary of Moderators,
tendeut of Schools.

Section 1. The Mayor shall receive in full for his ser-
vices, as Mayor, head of the Police, and for all the duties
appertaining to said office, the sum of ten hundred dollars'
per year, to be paid in equal quarterly payments.

Sec. 2. The City Clerk, in addition to his duties as pre-
scribed in the charter, shall have charge of the letting and

receiving pay for the hall, stores and offices, in the City-
Hall building, under the direction of the Mayor and Alder-
men, or such Committee as the City Council may appoint,
and shall account for and pay to the City Treasurer,
monthly, all monies received for the use of said hall,
stores and offices, and shall give a satisfactory bond for the
due performance of these duties ; and shall receive in full
for his services as City Clerk, City Auditor, and for taking
charge of the letting of the City Hall building and collect-
ing said rents, and for all the duties appertaining to each
of said offices, the sum of five hundred dollars per annum,
to be paid quarterly ; and, in addition thereto, he shall re-
ceive all fees originating from said office.

Sec. 3. It shall be the duty of the City Solicitor to draft
all bonds, obligations, contracts, deeds, leases, conveyances
and other legal instruments that may be required of him,
by any ordinance or order of the Mayor and Aldermen or
of the City Council, or which by any such ordinance or or-
der heretofore passed are requisite and necessary to be
done and made between the city of Manchester in its cor-
porate capacity, and any person or persons contracting
with the city, and which by law, usage or agreement, the
said city' is to be to the expense of drawing. Also to com-
mence and prosecute all suits that may be brought by the
order of the city, for, or on account of any estate, right,
claim, privilege, or demand of the city. Also to appear in
defence, in all actions and suits brought, against the city or
its officers in their official capacity, wherein the rights,
estate, privileges, ordinances or acts of the city, or any
breach thereof, may be brought in question before any
court in this State, and shall do all and every other profes-
sional act which may be required of him by the City Gov-
ernment, or by any Committee of the City Council, or of
either branch thereof, — and when required by the Mayor

and Aldermen or Common Council, or any Committee of
the City Council, or of either branch thereof, he shall fur-
nish a written opinion of any legal question or subject
which may be submitted to him. And he shall, also, at all
times, furnish legal advice to any officer of the city who
may require his opinion upon any subject touching the
duties incumbent on such officer. He shall, when request-
ed by the Mayor, City Marshal, or either of the Assistant
Marshals, commence and prosecute, before the Police
Court, any suit or complaint that may be brought by the
order of either of said officers, for the violation of any or-
dinance of the city or law of the State.

Sec. 4. The City Solicitor shall receive in full for his
services as City Solicitor, and for all the duties appertain-
ing to said office, the sum of one hundred dollars per an-
num, to be paid in equal semi-annual payments.

Sec. 5. The City Messenger shall deliver all notices and
orders issued by the Mayor, the President of the Common
Council, the City Clerk, by the City Council, either branch
thereof, or by any committee of the same, when so request-
ed : he shall have the care of the City Hall bu.ilding. City
Hall, City Clerk's office, and the rooms occupied by the
City Council, or either branch thereof, and the committee
rooms occupied by them, and shall, at all times, perform
any duties connected with the building or city government
when requested by the Mayor, City Council, or any mem-
ber thereof. He shall receive in full for all his services the
sum of three hundred dollars per annum, to be paid in
equal quarterly payments.

Sec. 6. The City Treasurer shall receive in full for his
services, and for all the duties appertaining to his office, at
the rate of two hundred dollars per annum, said sum to be
paid in equal quarterly payments.

Sec. 7. The Superintendent of Schools shall devote his
whole time to the duties of his office as prescribed in the

law passed by the Legislature of this State, June, 1855, and
shall receive in full for all his services the sum of five
hundred dollars per annum, to be paid in equal quarterly-
payments.

Sec. 8. The Health officers shall receive in full for their
services, each at the rate of tvt^enty-five dollars per annum,
said sum to be paid at the end of their term of office.

Sec. 9. The Board of School Committee shall receive in
full for their services and for all the duties appertaining to
said office, the sum of two hundred and eighty dollars per
annum, to be paid to the order of a majority of said Com-
mittee at the end of their term of office, to be divided
amongst said Committee as they may determine.

Sec. 10. The Overseers of the Poor shall receive in full
for their services, as follows, viz : In wards one and two,
the sum of twenty-five dollars each ; in wards three, four, five
and six, the sum of thirty-five dollars each ; and in wards
seven and eight, the sum of twenty dollars each ; to be
paid at the expiration of thoir term of office.

Sec. 11. Tlie Board of Overseers shall appoint one of
their number Clerk of said Board, whose duty it shall be
to record all the proceedings of said Board, to make a
record of all bills passed by said Board, to notify all towns
which may have paupers assisted by the city, and duly to
collect all bills due from such towns to the city, to arrange
the covmty pauper bills, with a catalogue of the same, to
be presented to the Judges of the Court at each, term, and
to make a copy of said catalogue, to be kept with tlie
records of said Board. He shall receive in full for his ser-
vices the sum of fifty dollars, to be paid semi-annually.

Sec. 12. Each of the Selectmen, and the Ward or Town
Clerk of each ward in the city, shall receive in full for his
services and for all the duties appertaining to his office, the
sum of five dollars per annum, to be paid at the expiration
of his official year.

►Sec. 13. The Moderator of each ward shall receive in
full for his services and for all the duties appertaining to
his office, the sum of three dollars per annum, to be paid
at the expiration of his official year.

. CHAPTER 12.

Highways and Superintendents.

Section

1. City to be divided into nine districts.

2. City Councii to elect Superintendents

of streets in April annually.

3. Superintendents to have charg-e of

hig-hivays, &c.

4. Sidewalks in Elm street, width and in-

clination.

Section

5. Grade same as established by city, and

constructed under directions of
Supt. of streets.

6. Highways, &c., impassable ; Superin-

tendent to put up lantern.

7. Compensation of Superintsndents.

Section 1. The city shall be divided into nine districts
for the maintenance of Highways and streets, in the follow-
ing manner, namely : District Number One shall include
all the highways in School District No. 1, also the road
leading from District No. 1 to the " Amoskeag Falls
Bridge," and thence to the point where the Hooksett road
strikes Elm street, and also that part of the Hooksett road
which is between its intersection with Elm street and the
southerly line of School District No. 1.

District Number Two shall include all the highways and
streets in School District No. 2, which are not included in
Districts Nos, 1, 3 and 7.

District Number Three shall include all the highways in
School District No. 3, and that part of the Parker Farmer
road which is situated east of Ehn- street, and west of the
westerly line of School District No. 7.

District Number Four shall include all the highways in
School District No. 4.

District Number Five shall include all the highways in
School District No. 5.

District Number Six shall include all the highways in
School District No. 6, and that part of the highway in
School District No. 7, which leads from Manchester Centre
to the Webster Mills, and situated east of the " Mammoth
Road," and west of the westerly line of School District
No. 6.

District Number Seven shall include that part of the
" Mammoth Road" which is situated in School District No.
2, and all the highways in School District No. 7, except
such as are included in District No. 6.

District Number Eight shall include all the highways in
School District No. 8.

District Number Nine shall include all the highways in
School District No. 9.

Sec. 2. The City Council shall, annually, in the month
of April, choose in Convention, and by joint ballot, one
person in each of the above described districts, to be styled
Superintendent of Highways, and the said Superintendents
shall hold their offices for the term of one year from the
first of May next succeeding their election, and till others
are chosen in their stead, unless removed by the City
Council. Whenever, in any district, said office shall be-
come vacant by death, resignation or otherwise, a new Su-
perintendent shall be appointed, in the manner herein
prescribed.

Sec. 3. The Superintendents of Highways shall, under
the direction and control of the Mayor and Aldermen, have
the general charge of the highways, streets, lanes, side-
walks and bridges of their respective districts, and shall
attend to the making, amending and alteration thereof, and

cause the same to be kept in good repair, so as to be safe
and convenient for travelers, with their horses, teams and
carriages, at all seasons of the year. They shall also su-
perintend the construction and repairing of drains and
common sewers, and shall see that all nuisances or obstruc-
tions in any of the highways or streets under their care,
are forthwith removed, or give notice thereof to the Mayor
or City Marshal. They may, under the direction of the
Mayor, make all necessary contracts for the supply of any
labor or materials they may require in the discharge of
their official duty. They shall take charge of all public
wells, reservoirs and pumps in their respective districts ;
provided, that any particular duty belonging to the Super-
intendent of Highways, by this or any other ordinance,
may be delegated or transferred, for any particular work,
department or occasion, by the City Council by special res-
olution, to any other person or persons. The Superintend-
ents shall judiciously expend such sums of money as may
be yearly appropriated by the City Council, for the repairs
of highways in the several districts, and shall render an
account of their expenditures, monthly, to the City Clerk,
which shall be laid before the Committee on Accounts, and
settled in the same manner as other accounts against the
city.

Sec. 4. All sidewalks in Elm street in said city shall be
laid sixteen feet wide ; and on ail other streets, eight feet
wide ; and the inclination from the outer edge therefrom
shall not exceed one half an inch to the foot.

Sec. 6. All such walks shall be laid upon the grade es-
tablished by the city, shall be true and even, and construct-
ed according to the directioiis of the Superintendent of
Streets.

Sec. 6. Whenever any highway, bridge or street of the
city shall from want of necessary repairs, or by reason of

any alteration or repair being made, or of any drains, com-
mon sewer or culvert being open, or constructed across or
through the same, be unsafe or inconvenient for travelers
or passengers, the Superintendent shall forthwith put up a
suitable fence across such highway, street or bridge, and
exclude all travelers passing over the same ; or cause the
parts thereof, so rendered unsafe or inconvenient as afore-
said, to be enclosed by a sufficient fence, which shall be
kept standing so long as the same shall remain unsafe or
inconvenient, and he shall also fix one or more lighted lan-
terns to said fence, or in some other proper manner, to be
kept there every night, from twilight in the evening, and
through the whole night, so long as said fence shall be kept
standing.

Sec. 7. Said Superintendents shall receive the sum of
one dollar and twenty-five cents per day, when engaged in
the service of the city, except the Superintendent in Dis-
trict No. 2, who shall receive one dollar and fifty cents
per day.

CHAPTER 13.

Cattle running at large.

Section

1. Ko cattle permitted to run at large.

2. Penalty for.

Section
3. Any person may impound.

Section 1. No sheep, swine, horses, mules, jacks, oxen,
cows, or other cattle, shall be permitted to go at large on
any street, lane, alley, common, square, or other public
place within the citv.

Sec. 2. Every person permitting any sheep, swine,
horses, mules, jacks, oxen, cows, or other cattle, to go at
large on any street, lane, alley, common, square, or other
public place, within the limits aforesaid, shall be liable' to a
penalty of not less than two nor more than four dollars for
each and every instance of such permission.

Sec. 3. Any person finding any such creatures so going
at large, may impound and detain the same until said pen-
alty and costs of impounding shall be paid, or he may make
complaint against the person permitting such creatures to
go at large.

CHAPTER 14.

Of Dogs.

Section

1. Every person keeping to obtain license.

2. Mayor to grant license, condition of.

3. DoM to be muzzled, when.

Section
4. Provisions of tliis Chapter not to apply
to Dogs not owned in the city.

Section 1. Every person keeping a dog and permitting
him to run at large in any street, lane, alley, or other pub-
lic place in the city of Manchester, without a license, and
without said dog having around his neck a collar of brass,
tin or leather, with the name of the owner or owners carved
or engraved thereon, shall be liable to a fine of not less
than two dollars nor more than five dollars.

Sec. 2. The Mayor may grant such license for one year
only, on condition that the person applying for the same
shall pay for the use of the city one dollar, and not other-
wise, which license shall be recorded, and a copy of the
same delivered to the person applying.

8'3-

' Sec; 3. Whenever, in the opinion of the Mayor and Alder-
men, the public safety may require it, they may order that
all dogs running at large in the city of Manchester shall be
securely muzzled; and, after notice of such order shall
have been posted up at three or more public places in said
city, and until such order is revoked, the owner of every
dog which may be found running" at large in violation of
the provisions of said order," shall be liable to a fine of not
less than two dollars nor more than ten dollars.

Sec. 4. The provisions of this Chapter shall not extend
to any dog not owned or kept within the city of Manches-'
ter, except dogs going at large having no owner or keeper.

eHAPTER 15.

Measuring Wood.

Section
1. No person to sell or offer for sale until
measured.

Section

2. Certificates to contain quantity of
wood, &c. .

3. Penalty for violations.

Section 1. No person or persons shall sell or offer for
sale, within the city of Manchester, any wood or bark load-
ed upon a cart, sled or other vehicle, without obtaining
from some person duly appointed and sworn as measurer
of wood in said city, a certificate of measurement of each
load so offered for sale, and shall present the same to the
purchaser or purchasers of said wood.

Sec. 2. All certificates that may be issued by any mea-
surer of wood, shall express the quantity of each load

measured in the denominations usually employed in the
measurement of cord "wood, and the names of the respect-
ive drivers or owners of vt^ood, and shall be written or
printed with ink, or some material equally permanent, and
not in pencil marks, and each measurer of wood shall keep
a record or copy of all the certificates which he may issue,
and shall, annually, on the second Monday in March, re-
turn the same, or a true co^j thereof, to the Mayor and
Aldermen.

Sec. 3. Any person offending against any of the pro-
visions of this Chapter, shall forfeit and pay for each of-
fence a fine of not less than two dollars nor more than ten
dollars.

CHAPTER 16.

Weighing Hay.

Section

1. Public scales to be established.

2. Stands for the sale of hay and straw to

be appointed.

3. Location of hay and wood stands.

4. Penalty for violations.

Section

5. "Weighers of hay, when appointed.

6. Fees for weighing.

7. Weig-lier to attend personally at the

scale.

8. Certificate, what shall constitute.

Section 1. It shall be the duty of the Mayor and Alder-
men, from time to time, as the public good may require, to
establish a sufficient number of public scales for the weigh-
ing of hay and other articles, and to cause the same to be
erected and furnished with decimal weights, which shall be
used in all cases.

Sec. 2. It shall be the duty of the Mayor and Aldermen
to appoint suitable places in the streets or squares of said
city, as stands for the sale of hay and straw.

Sec. 3. That the easterly half of Elm street between
Merrimack street and Central street, and the w^terly half
Of Elm street between Lowell street and Bridge street, be
appointed and assigned as the only places in the city where
wagons, carts, sleds, or other carriages containing wood,
bark, or other fuel, hay or straw, shall stand for the sale
of sncli articles.

Sec- 4. The owner or driver of any cart, wagon, sled, or
other carriage containing wood, bark, or other fuel, hay or
straw, for sale, who shall, before or after the weighing
thereof, stand for sale of such wood, bark, or other fuel,
hay or straw, in any other street or place or square within
the city than the places appointed by this ordinance, shall
be liable to a penalty of not less than one dollar, nor more
tha.n five dollars, or who shall sell and proceed to deiivei
any hay or straw within tlie city, without having th^samo
previously weighed and certified by one -of the weighers
appointed as heretofore prescribed, shall forfeit and pay for
the use of the city the sum of five dollars, to be recovered
by complaint before the Police Courto

Sec. 5. The City Council in convention shall in the
month of April or May annually, or ■ at any other time
during the year when it may become necessary, appoint
weighers of hay and straw, who shall perform all the
duties, bo liable to all the restrictions, and receive the
compensation mentioned in Chapter Sixteen of tlie Eevised
Ordinances.

'Sec. 6. The fees for weighing hay and otlier articles, to
luj received by the said weigher, .shall be as follows, viz :
one cent and one half for every hundred pounds of hay or
straw, provided the fees for weighing shall in no case ex-
ceed twenty cents, per load of hay or straw; one hali ■
cent for every hundred pounds of anthracite or other coal,
and one cent for every hundro'l p'-^utvIs of aU other aiMic^vs
8

except the weighing of stock, which shall in no case exceed
twenty cents ; provided, however, that the fee for weighing
any article other than hay or straw, shall never be less
than ten cents, and the cart or vehicle containing the same
and other tare, shall be weighed without any charge. And
no fee shall be taken for any weighing done on account of
the city.

Sec. 7. It shall be the duty of the persons so appointed,
to attend personally at the scales which may be assigned
to them, respectively to deliver to the driver of every load
of hay or straw weighed, a certificate in such form as is
hereinafter provided, to keep an account of all hay and
other articles vfhich shall be weighed at said scales, in
books to be furnished by the Mayor and Aldermen, which
shall always be open to their inspection, and when filled
shall be deposited in their office ; and the persons so ap-
pointed shall settle their accounts quarterly with the
Mayor and Aldermen, and shall pay over to the city one
half of all the fees received by them respectively for weigh-
ing, and the half retained by him shall be full compensa-
tion for his services as weigher.

Sec. 8. The accounts kept by said weigher and the
certificates given to the drivers of hay or straw, shall speci-
fy the name of the owner or driver, the town from which
driven, the weight and tare, the amount of fees received,
and the date of the certificate.

87
CHAPTER 17.

Hazardous Buildings.

Section I Section

1. Steaci mills, furnaces, &c., how built,] 4. Buildings already erected not to be so

proviso. I occupied, unless licensed.

2. Persons erecting- to petition for license.! 5. Cily Clerk to grant license, when.

3. Slaughter houses not erected without! 6. Licenses to be recorded.

license, | 7. Violations, how punished .

Section 1. No steam mill, furnace, foiindery, black-
smith's shop or house for storing powder, shall be erected
or built within the city of Manchester, unless the same is
built of brick or stone, and the roof thereof covered with
slate or tin, unless the Board of Aldermen shall give a li-
cense therefor.

Sec. 2. No person or persons shall hereafter erect or
build, or cause to be erected or built any steam mill, fur-
nace, foundery, blacksmith's shop, or house for storing
powder, until he has presented to the Board of Alrjermen
a petition therefor, setting out the proposed situation of
said steam mill, furnace, foundery, blacksmith's shop or
house for storing powder, the materials of which the same
are to be built, the dimensions, height and number of
stories of the proposed building,' the situation of all boilers
in said building or buildings, the manner in which the
same are to be secured or set, the height of chimney, and
the various branches of business to be carried on or pro-
posed to ]je carried on in said building, and having first
obtained a license therefor.

Sec. 3. No person or persons shall hereafter erect or
cause to be erected or built within the city of Manchester,
any slaughter house, without first having obtained a license
therefor. ^

Sec. 4. No person or persons shall use or permit to be
used or occupied for the purposes aforesaid any building
already erected, unless he shall have first obtained a license
therefor, according to the provisions of this chapter, in re-

ga];d to erecting new bnildings. Provided, however, that
this chapter shall not apply to buildings now used for the
purposes herein named.

Sec. 5. The Board of Aldermen may from time to time,
as they deem proper, authorize" the City Clerk to grant li-
cense as provided in the above sections, to any person or
persons petitioning therefor.

Sec. 6. It shall be the duty of the City Clerk to record
all such licenses granted as aforesaid, in a book to be kept
for that purpose, and he shall receive therefor the sum of
twenty-five ' cents, to be paid by the person or persons to
whom said license shall be granted.

Sec. 7. Any person or persons sliall forfeit and pay a
sum not less than five dollars nor more than ten dollars for
each and every day he or they shall continue his or their
steam mill, furnace, foundery, blacksmith's shop, house for
storing powder, or slaughter house, contrary to the pro-
visions of this chapter, to be recovered by a complaint of
the City Marshal before the Police Court.

CHAPTER 18.

Common Criers.

soTioN Section

1. Mayor and Aldermen to license coi||| 3. ludecent, profane, &c., Hiatter; not to

mou cner.
8. No person, to crywithout being licensed.
Penalty. •

be cried. Penalty.

Section 1. The Mayor and Aldermen may from time to
time license, as common criers, such a number of persons

as tliey may judge to be for the public good ; and the li-
cense so granted shall continue in force until the first day
of May next after the date of the same ; provided, however,
that the same may at any time be revoked by said Board.

Sec. 2. No person not licensed as aforesaid, and no per-
son whose license shall have been revoked as aforesaid,
shall presume to be a common crier, or to cry any sort of
articles, lost or found, stolen goods, strays, or public sales
within the limits of the city, under a penalty of not less
than one nor more than ten dollars for each offence.

Sec. 3. No person shall publicly cry any indecent, pro-
fane, abusive or libelous matter in the city, under a pen-
alty of not less than one nor more than ten dollars for each
offence.

CHAPTER 19.

Habitual Truants.

-P.CTION i

1. Adopting the "Act concerning truant

children," &c.

2. Complaint for violations to be made to

Police Justice.
S. School committee to appoint one of
their number to make complaints.

4. Penalty for violation.

5. Police Justice may commit instead of

a tine.

Section

6. School Committee to provide an insti-
tution of instruction.

■7. School Committee to provide house o:
reformation.

S. Joint standing- committee on accounts
to regulate salary, &c.

9. Tecs and fines to be paid into treasury.

Section 1. An act passed by the Legislature of the Stato
of New Hampshire, approved January 5, 1853, entitled
" An act concerning truant children and absentees froni
schools " is hereby adopted by the city of Manchester, lo
take effect and be in force in said cicy.

Sec. 2. Complaints for Yiolatiou of said act or of this
chapter or any ordinance that may be passed in pursuance
of said act, sliall be made to the Justice of the Police Court
of this city.

Sec. 3. Tlie School Committee shall annually, as soon as
may be after the third Tuesday of March, elect one of their
number, who, together with the City Marshal and Assistant
City Marshal, or any one of them, shall make said com-
plaints and carry into execution the judgments of the Just-
ice of the Police Court.

Sec. 4. Any child between the ages of sis and sixteeij
years, without ,auy regular and lawful occupation, who
shall, except in case of ill health, habitually neglect to at-
tend school, or become an habitual truant growing up in
ignorance, upon conviction thereof, shall be fined not less
than one dollar nor more than ten dollars.

Sec. 5. Instead of the fine mentioned in the fourth sec-
tion of this chapter, the Justice of the Police Court may,
at his discretion, order any child convicted of any offence
described in said act, to be committed to such institution
of instruction, house of reformation, or suitable situation
as may be provided for the purpose, in the manner herein-
after provided, for a term not exceeding one year.

Sec. 6. The School Committee of this city shall immedi-
ately provide and create an institution of instruction to
wliicli children convicted as. aforesaid may be committed,
and for that purpose, may select any of the public schools
of this city ; and such institution of instruction shall in all
respects be under the direction o.f the School Committee,
in the same manner as the other public schools.

Sec. 7. The School Committee sliall also provide or es-
tablish one or more houses of reformation or other suitable
situation, subject, however, to the approval of the Mayor,
for the reception of children convicted as aforesaid. And

said houses of reformation or other siiitaLle situation shall
be under the control of such person or persons as the
School Committee shall select and the Mayor approve.

Sec. 8. A reasonable compensation shall be allowed to
such member of the School Committee as shall be elected
pursuant to the third section of this chapter, to the teacher
of such institution of instruction as may be provided or
erected, pursuant to the sixth section of this cliapter, and
to the person or persons who shall have the control of such
houses of reformation or other suitable situation as shall
be provided or established pursuant to the seventh section
of this chapter, said compensation to be regulated by the
joint standing committee on accounts.

Sec. 9. All fines and fees received by any person in the
discharge of his duties in carrying into effect the provisions
of said act, or of this chapter, shall be paid to the City
Marshal, and by him be paid into the City Treasury, and
the expenses of such schools, houses of reformation, or
other suitable situation before mentioned, shall be paid by
the city.

CHAPTER 20.

School Districts.

Section 1. Boundaries of several school districts.

Section 1. The boundaries of School Districts number
one, two, three, four, five, six, seven, eight and nine, shall
remain the same as at present established, and said Dis-
tricts shall be known by their respective numbers, and shall
continue separate and distinct School Districts.

CHAPTER 21.

Repeal of previous Ordinances.

Section

1. Previous ordinances repealed.

2. Rights accruing or accrued not to be

affected by repeal

Section

3. The provisions of sec. 3, chap. 1, not to
apply to this ordinance.

4. Kevised ordinances to take effect from
and after March 21, 1854.

Section 1. All the by-laws of the town of Manchester,
and all orders and ordinances and parts of orders and or-
dinances, heretofore passed by the City Council, inconsist-
ent with any of the provisions of the preceding chapter,
are hereby repealed.

Sec. 2. The foregoing repeal shall not* affect any act
done, or right accruing or accrued, or any suit or process
pending when such repeal may take effect, nor offence com-
mitted or penalty incurred : and no ordinance or part
thereof which has been heretofore repealed, shall be revived
by force of the repeal in the preceding section.

Sec. 3. The provisions contained in chapter one, section
three, of this ordinance, prescribing the manner in which
the city ordinances shall be published and promulgated,
shall not apply to this ordinance.

Sec. 4. All the provisions contained in the preceding
chapters shall take effect and go into operation from and
after the twenty-first day of March, in the year of our Lord,
one thousand eight hundred and fifty-four.

93 .

CHAPTER 22.
School and Highway Districts No. 10 and IL

Section I Section , ,, ^

1. Boundaries of School District No. 10. 5. Highway Districts 2\o. 10 and 11 di-. ■

2. Boundaries of School District No. 11. ] fined.

3. Rights of the"districts. i 6. Boundaries of Higlitvay District No. 12. ■

4. Who shall call the first meeting in each 1 7. Boundaries of Highway District No. 13.

district. I

Section 1. That so much of the city of Manchester as is
included withiu the limits of ward seven, and within so
much of the limits of ward eight as is situated on the
southerly side of Piscataquog riyer, he and hereby is cre-
ated a separate and distinct school district, to be known as
School District Number Ten.

Sec. 2. So much of the city of Manchester situated on
the westerly side of Merrimack river as is not included in
School District Number Ten, be and hereby is created a
separate and distinct school district, to be known as School
District Number Eleven.

Sec. 3. Said districts shall be entitled to all the rights
and privileges, possess all the powers and be subject to all
the restrictions and liabilities of other school districts in
said city.

Sec. 4. Benjamin F. Wallace, William Whittle,' and
Daniel K. Mack, or any two of them, may call the first
school meeting in School District Number Ten : and Jo-
seph B. Quimby, liiram Porsaith, and Daniel Parmer, Jr.,
or any two of them, may call the first school meeting in
School District Number Eleven : and such notice shall be
given and such proceedings had, in each case, as is re.quired
by law of prudential committees. •

Sec. 0. That part of the city wliich is situated west of
Merrimack river is hereby divided into two highway dis-
tricts, to be known as Highway Districts Number Ten and
Eleven. ^ i • .,

Highway District Number Ten shall include all the high

;iys in School District Numlier Ten.

Highway District Number Eleven shall include all the
highways in School District Number Eleven.

Sec. 6. That so much of the highway in District No. 7,
known as the Bald Hill road, lying between the Mammoth
road and the town of Auburn, and so much of the Mam-
moth road as lies between Hooksett line and the north
side of Hanover street, shall be known as Highway District
No. 12.

Sec. 7. That so much of the highway in District No. 1,
as lies between the junction of Union street with the Hook-
sett road, so called, and Hooksett town line, shall be known
as Highway District No. 13.

CHAPTER 23.

Claims and Accounts.

Section

1. Joint Standing Committee on Finance

shall not approve claims contracted
ag'ainst the city unless contracted
in accordance with ordinance.

2. Order books for each appropriation to

be furnished ; accounts, how kept
therein ; how kept.

3. Supt. of Streets and Agents of Hig-h-'

ways shall make monthly returns to
City Clerk for labor hired; tools and
materials purchased shall be en-
* tered on order books at the time of

purchase.

4. Order-book for fire department, where

and how kept ; returned to City
Clerk, when ; delivered up, when.

Section

5. Overseers of Poor, Supt. of Alms-IIouse

and House of Correction to be fur-
nished with order-books; accounts,
how kept ; returned to City Clerk,
when.

6. Order-book for each school district ;

accounts, how kept ; returned to
City Clerk, when.

7. Order-book for police, how and by whom

kept ; returned monthly to Citv
Clerk.

8. Leger of City Clerk, how kept.

9. City Clerk to keep an account of cer-

tain expenses contracted prior to 1st
Tuesday of January, 1857.
10. How such accounts shall be kept.

Section 1. No person, persons, committee or agent, con-
tracting an account or claim against the city of Manches-
ter, shall be allowed to contract the same in any other way

or manner than as provided in the following sections, and
the Joint Standing Committee on Accounts shall not pass
or allo^Y any bill or account against the city unless con-
tracted as prescribed in said sections. And the city shall
not be liable for any bill or account which has not been
contracted in accordance with the ordinance.

Sec. 2. There shall be furnished by the city one order-
book for each department or appropriation made by the
City Council, on which shall be entered an account of all
materials, Merchandise, and horse and carriage hire, pur-
chased or obtained for or in behalf of the city (except
as hereinafter provided) with the name or firm of the per-
son or persons who shall furnish the same, the amount of
the materials, merchandise, or horse and carriage hire so
furnished, the price of the same, the date of the transac-
tion, and the person, persons, committee or agent, to whom
delivered ; said order-books to be kept at the City Clerk's
office unless otherwise provided. ,

Sec. 3. All Superintendents of Streets, Committees or
Agents, contracting for labor on the highways, sewers or
commons, shall once in each month return to the City Clerk
an account of all labor so contracted, that the same may
be entered upon the order-book for such highway district,
sewer or common, but all tools or materials purchased for
any highway district, sewer or common shall be entered
upon its appropriate order-book at the time of the purchase.

Sec. 4. The order-book for the fire department shall be
left with the Committee on Supplies of the Board of Engi-
neers, or with such officer as the Board of Engineers may
designate, and no Foreman, Assistant Foreman, Steward,
or any other officer or member of any company composing
the fire department, shall be allowed to contract any bill
or account against the city unless the same shall be entered
upon said order-book as above prescribed, and on or before

the 24tli of each month said order-book shall be returned
to the City Clerk's office for the purpose of transferring the
amounts so entered to a book to be kept by the City Clerk
as hereinafter prescribed, and as soon as the same shall
have been transferred, then said order-book shall be re-
turned to said committee or officer ; said committee or offi-
cer shall always malce a final return of said book, to the
City Clerk's office at the expiration of their or his term of
office, to be handed to his or their "successors.

Sec. 5. Each of the Overseers of the Poor and the Su-
j^erintendent of the Aims-House and House of Correction
shall severally be furnished with an order-book, in vrhich
they- shall enter all materials furnished by them or their
order, and all accounts or claims contracted by them
against the city, under their appropriate head's of " City
Farm," " Paupers off the Farm," and " Coimty Paupers,"
and in the manner above provided ; and it shall be the
duty of each Overseer, and of said Superintendent, to bring
his book to the City Clerk once in each month, that the
same may be transferred and charged upon the book kept
by the City Clerk.

Sec. 6. There sliall be an order-book for each school
district, to bo kept by the proper officer authorized by
the school committee to contract debts and accounts, in
which shall be entered ' all the expenses of each school
district in the manner above prescribed, and no school
teacher shall be allowed to contract any debt or account
for books, materials, or articles of any kind, unless a^uthor-
ized specially so to do, and unless the same is entered upon
its proper order-book. And said order-books shall be re-
turned once in each month as provided in the above section
relative to the Overseers of the Poor.

Sec. 7. The order-book for the police department shall
be kept by tlie City Marshal or Assistant, and all debts or

demands against the city arising in said department shall
be entered therein as above provided ; and the City Mar-
shal shall see that the same is returned once in each month
to the City Clerk, for the purpose of being transferred, as
in other departments.

Sec. 8. The City Clerk shall keep a book in the form of
a journal or ledger, on which he shall enter each month
the amounts of the several accounts specified in the several
order-books above mentioned, in such a manner as will
give the true state of every appropriation made by the City
Council.

Sec. 9. It shall be the duty of the City Clerk to keep, in
a book for that purpose, an accurate account of unpaid
current expenses contracted prior to the first Tuesday of
January, a. d. 1857.

Sec. 10. He shall for the purpose aforesaid open a sep-
arate account under the various heads of the appropria-
tions, and state the amount paid each month of bills, drafts,
claims or demands against the city ordered or incurred be-
fore the said first Tuesday of January.

CHAPTER 24.

Shows and Exhibitions.

Section
1. Shows and exhibitions of varioas kin c
prohibited without a license.

Section
3. Pay and conditions of such license reg-
ulated by Mayor and Aldermen,
j 3. Penalty for violation of this ordinance.

Section 1. No show-man, tumbler, rope-dancer, ventril-
oquist, juggler, or other person, shall for pay exhibit any

feats of agility, horsemanship, or slight-of-hand, rope^
dancing, or feats of cards, or any animals, "wax-figures,
puppets, or other show, or shall perform or exhibit any
theatrical or dramatic representation or other exhibition,
performance, or show of any kind or description in the city
of Manchester, unless a license therefor in writing, specify-
ing the days or evenings such person is allowed to per-
form or exhibit, shall first be obtained from the Mayor and
Aldermen.

Sec. 2. Every such person shall pay for such license for
the use of the city such sum, and be otherwise subject to
such terms and conditions, as the Mayor and Aldermen
shall order and require.

Sec. 3. If any person shall violate the provisions of this
ordinance he shall for every such offence be punished by a
fine not exceeding fifty dollars nor less than ten dollars*

CHAPTER 25.

Superintendent of Burials.

Section I Section

1. Superintendent to have care of public 2. Superintendent shall give bonds,
property in the cemetery. | 3. Bepealing clause.

Section 1. The Superintendent of Burials shall havd
the care and entire control of the hearse or hearses, tools
and fixtures, and public property of every description be-
longing to the city of Manchester, used in and around the
public cemetery or cemeteries in said city for the burial
of the dead.

Sec. 2. The Superintendent of Burials, immediately af-
ter his election to said office, shall give bonds, with suffi-
cient sureties, to said city of Manchester, in the sum of five
hundred dollars, for the faithful discharge of his duties.

Sec. 3. All ordinances or parts of ordinances inconsist-
ent with this ordinance are hereby repealed.

CHAPTER 26.
Fire Police and Protection Company.

Section [Section

1. How appointed, duties at fires, andl 3. Officers of company.

powers. 4. Repealing clause.

2. Pay of the company. |

Section 1. There shall be appointed by the Board of
Mayor and Aldermen a company known as the Fire Police
and Protection Company, to consist of not more than thirty
men, whose duty it shall be in case of fire to repair at once
to the scene of the same, and remove all goods from the
building or buildings on fire, or from such building or
buildings that may be in danger, to some safe place desig-
nated by the City Police, and take charge of the same until
relieved by said City Police, and wjaile on duty as aforesaid
shall have all the powers of police officers.

Sec. 2. Said company shall not receive any pay except
for actual services rendered in the capacity of police
officers.

Sec. 3. Said company shall have a Foreman, Assistant
Foreman, and Clerk, and such other officers as may be

100

necessary to be elected by the Company and approved by
the Mayor and Aldermen.

Sec. 4. All ordinances or parts of ordinances inconsist-
ent with this ordinance are hereby repealed.

CHAPTER 27.
Police Court Room.

Section 1. Civil and Criminal terms to be held in Court Room of City Hall.

Section 1. The Civil Terms and Criminal Sessions of
the Police Court of the City of Manchester shall be holden
in the Court Room in the City Hall, and the same shall be
known as the Police Court Room of the City of Manchester.

CHAPTER 28.
Collection of Taxes.

Section
1. Collector to notify tax-payers.
9. Discounts made of taxes paid at certain
times.

Section

3. Collector shall give written notice to

those whose taxes remain unpaid,
when ; notice, how paid for.

4. Poll tax, how collected.

Section 1. The Collector, upon receipt of the tax list
from the Assessors, shall immediately notify every person

101

taxed by leaving a copy of his tax bill at his usual place of
abode.

Sec. 2. All taxes due this city may be paid at the Col-
lector's office. A discount shall be allowed of five per cen-
tum on all taxes paid on or before the first day of July,
four per centum on all paid on or before the first day of
August, three per centum on all paid on or before the first
day of September, two per centum on all paid on or before
the first day of October, and one per centum on all paid on
or before the first day of November.

Sec. 3. After the first day of December, and earlier if in
the judgment of the Collector the collection of said taxes
would be jeopardized by such delay, the Collector shall give
a notice to all persons whose taxes due the city remain un-
paid, and if such taxes are not paid within fourteen days
thereafter, together with twenty cents for said notice, the
Collector shall proceed to collect the same according to
Sec. 18, Chap. 45, of the Revised Statutes.

Sec. 4. Every person from whom only a poll tax is due
the city, shall pay the same within fourteen days after legal
notice shall have been given him or left at his usual place
of abode by the Collector, and if such tax is not then paid,
the Collector shall proceed to collect the same according
to the statute referred to in Sec. 3 of this ordinance, and
giving said persons the discount as in Sec. 2 of this or-
dinance.

102

CHAPTER 29,

Election of certain City OflScers.

Section Section

1. Officers to be elected or appointed in 2. Repealing clause.
January, February and March.

Section 1. All officers now required by any ordinance
to be elected by the City Council or appointed by the May-
or and Aldermen in the month of January and February
annually, shall be hereafter so elected or appointed in the
month of January, February and March annually, and that
vacancies may be filled at any time.

Sec. 2. All ordinances and parts of ordinances incon-
sistent with this ordinance are hereby repealed.

CHAPTER 30.

Highway Districts No. 12 and 13.

Section I Section

1. Disannexing' parts of Hig-hway District] 2. District No. 12.
No. 2 and 7, and annexing- the same 3. " " 13.
to Hig-hway District No. 12. | 4. Repealing clause.

Section 1. So much of the highway and streets in High-
way District numbered Seven, north of Candia Road (so
called) ; so much of highways and streets in Highway Dis-
trict numbered Two, east of Wilson road (so called), and
all of highways and streets in Highway District numbered
Twelve, be and hereby are incorporated or formed into one
District, to be known and styled, Highway District num-
bered Twelve.

Sec. 2. So much of the highway in District No. 7,
known as the Bald Hill Road, lying between the Mam-

103

moth Road and the town of Auburn, and so much of the
Mammoth Eoad as lies between Hooksett line and the
north side of Hanover street, shall be known as Highway
District No. Twelve.

Sec. 3. So much of the highway in District No. 1 as lies
between the junction of Union street with Hooksett road,
so called, and Hooksett town line, shall be known as High-
way District No. Thirteen.

Sec. 4, All ordinances or parts of ordinances inconsist-
ent with this ordinance are hereby repealed.

CHAPTER 31.

Police Officers numbered.

Section 1. Police officers to be numbered ; the number of each new officer designated.

Section 1. It shall be the duty of the Mayor and Alder-
men forthwith tO number all the Police Officers holding
office, or who shall hereafter be appointed, and to cause
the corresponding number to be fixed to each officer's
badge ; and that hereafter when the Mayor and Aldermen
shall appoint a police officer or officers, they shall designate
the number each shall bear, either taking the place and
number of some one now in office or an additional and
higher number.

INDEX.

Page. Sec*

ACCOUNTS, against City to be appf ored, 55 2

to be rendered to City Clerk, ^

book of, how kept,. ° ' * " " " ^44 l

Committee of, * ' * ' * . ^ 1

duties of, g 2.

ALDERMEN, *' ^ ^

how chosen,

when chosen, „„ „

to be sworn, „ ^

and Mayor to be one board,

to have powers of selectmen,

ALLEYS, nine or ten pin • •

ANNUAL MUNICIPAL MEETINGS, when holden, cSD 1

may be adjourned, when ^ ^^

to be holden in wards, i <S 17

ARDENT SPIRITS, 23

ASSESSORS, vacancy, how filled, ^ ^^

how chosen, ^3 25

duties of, 58 14

AWNINGS or Shades, regulated, ^^ ^^

otherwise to be removed, -ig 16

city marshal to remove, — when,

BARBERS, may open shop on Sunday until 10 o'clock A. M., . . . . 7U i

penalty if open after, •. 54 ''I

BATHING, so as to be exposed, forbidden,

106

Page. Sec.

BEDFORD, act annexing parts to Manchester, 28

BELLS, to be attached to horses harnessed to sleighs, &c., 58 13

penalty if not, 60 25

BILLIARD TABLES, 15 17

BLACKSMITHS' SHOPS, .16 17

how built, 87 1

petition for, what shall contain, 87 2

buildings already erected not to be used for, unless, 87 4

license for, how granted, . . , 88 5

to be recorded, 88 6

penalty for violation, 88 7

BONFIRES, in compact part of City, forbidden, 59 20

penalty, 60 25

BRICKS, cullers of to be chosen, ... 73 1

term of office, 73 2

BY-LAWS. See Ordina7ices.

CANNONS, discharge of, in compact part of the city, forbidden,. 59 20

CATTLE, not permitted to run at large, 81 1

penalty for, 82 2

any person finding may impound, 82 3

CELLARS, cellar doors and doorways regulated, 56 4

entrance to, how guarded, 56 4

persons digging, to have the same properly guarded, 56 4

or restorators, to be closed on Sunday, 70 1

CHIMNEYS, penalty for burning, proviso, 64 11

CITY CHARTER, 3

CITY COUNCIL, what shall constitute, 3 1

to have all the powers by law vested in towns, 11 14

may make by-laws for certain purposes, 14 17

to establish a system of accountability, 20 18

may construct drains, 21 19

to have the power by law vested in board of health, 21 20

no member of to be appointed to any office of emolument,

&c., 2121

to elect certain officers in the month of April, 73 1

CITY CLERK, how elected, 21 22

when elected, 36 3

to be clerk of board of mayor and aldermen, 22 22

to keep journal of, ... . 22 22

powers of, &c., 22 22

107

Pag'e. Sec.

CITY CLERK to keep " invoice books," &c 26 3

duties of, in relation to accounts vs. city, 45 3

to keep ledger, 45 4

to open accounts vrith treasurer, ^ . 46 4

to report to committee on accounts, when, 47 8

duties in relation to city hall building, 75 1

salary of, 75 2

CITY GOVERNMENT, organization of, , 36 2

CITY MARSHAL. See Marshal.

CLERKS, Town, to be elected, 5 4

duties of, 5 4

relative to returns of votes for mayor, 6 7

compensation of, 77 12

Common Council. See Common Council.

COAL, measurers of, chosen,. 73 1

term of office, 73 2

COMMON COUNCIL, members of, how and when chosen, 6 6

to be sworn, 8 8

to act as one body, 10 13

sittings of public, 10 13

clerk of, 10 13

to be sworn, ; 10 13

COMMITTEE ON ACCOUNTS, 44 1

duties of, 45 1

See accounts.

CONSTABLES, who shall be 50 1

to give bond, 5Q 1

duties of, relative to fires, 51 6

to pay over fees, 53 12

compensation of, b . * 54 16

CORDERS OF WOOD, to be chosen, 73 1

to give certificates of measurement, .83 ]

See ivood, ^c.

COWS, running at large, 81 1

See cattle.

. CRIERS, COMMON, may be licensed, &c., , 88 1

term of office, 89 1

persons not licensed forbidden to cry, 89 2

penalty for, 89 2

not to cry indecent, profane, libelous matter — penalty for, 89 3

108

Page. Sec.

DISTRICTS, highway, 78 1

See streets and superintendents of streets.

echool, from, one to nine, 91 1

number ten, 93 1

" eleven, 93 2

who shall call first meeting, 93 4

highway, number 10 and 11, 93 5

" " 12, 102 2

" " 13, 123 3

DOGS, running at large, to be licensed, &c., 82 1

mayor to grant license, ^ , 82 2

condition of, > 82 2

mayor and aldermen may order to be muzzled, 83 2

penalty of neglect to obey order, 83 4

DRAINS — see sewers — to be guarded, when, » 56 5

ELECTIONS, of mayor, 3 1

of aldermen and common councilmen, 6 6

of town clerk, 5 4

of city clerk .21 22

in month of January, 36 3

ENGINES, penalty for injuring, _. 63 10

See engineers and enginemen,

ENGINEERS f THE FIRE DEPARTMENT, 61 1

number of, — choice of, — and of chief engineer, 61 1

60 appointed to exercise power of firewards, 61 1

chief engineer to have sole command,. 62 4

to examine engines, when, 62 5

to make report, 62 5

to cause repairs to be made, .63 5

in absence of chief, next in rank to perform duties, &c.,. ..63 6

to examine and remove shavings, 64 12

may direct enginemen and all other persons, 64 13

may establish rules and regulations respecting the kindling,

guarding, safe-keeping and removing of fires, &c.,. .64 14
may make and enforce rules and regulations for govern-
ment of department, 65 15

salary of, 65 18

ENGINEMEN, 61 1

number of, to each company, and how appointed, 61 2

foreman, assistant foreman, clerk and steward, 61 3

109

Page. 8ec«

to be under control of engineorj— except, &c.,» ., o ...>,. ,62 4
dutiea ofj in case of fire, . ..,,...„,...., o .»,,,, o. o o, = ,. 6S 7
to cause enginea to be washed, oiled, foo.,, , » , , •. « » o o « o . o .63 8
to wear badge, o , ,o i, .. o .. .o .,<,., o .. ,oo o, c, c .<,.,.,,.„. 63 9
neglect of duty.j how punisliedj .,....<,... o. ... o o > = o .„. ,65 16

age of,,. . ., o o o o o » o :. o o o , o , o o o o o O O , O . c o . « , o ., . . o o . o . . , 65 Ifi

. payof,,o<.o -<. . oo ,o„» ._. ,o . .. ,0 , o, .ooo ., = ,o . . o oo o . ,0 ,65 17
ELECTION of certain city officers,, . ,,.,,<,... o o . , , » . o « = - , = =102 1
EXPENDITURES, annual statement of, ,,, = , o . o . = ,,,,, c .,, o , ,48 IS
FENCES, injury to, forbidden,.. .,,,,,,, o.,, o , ,,,.,,» .,,,,,« o59 19

penalty for,, ,,,, ,..»«,.,,,,,.•.,,,.,,,.. = <.,.o .,•,.,, ,60 25

viewers^ to be chosen., ,,, ..,,o' .,,,,,., o ., o ,.,, o... o ,.,,, , ,73 1

term of office, .,» o «, o » ...o <,o, j ,., ,,.,,,,,,», o.o ,,<,,., 73 2
HELD DRIVERS, to be chosen,, , .,,.,,., o.,,. o ,,,, , ., 73 1

term of office, ., o,,,. o ,..,,..,«..»..,, c ,. ,...., ..o ..,o 73 2
PINES AND FORFEITURES received by police justice to be paid

to treasurer, , , , » » , ., ..,,.,,,,,,,,,. o , ,,o ..,,,. 12 —
UNANOE,

Committee of, when appointed,— duties of, . , . .

to prepare anisual report, ...»,„.„,«, ,o. . . i^ .

to make estimate of espendituresj .,,.,.,■, ^Wo"

to examine city treasurer's accounts,. , « o , , o, .,
FIRE-ARMS, discharge of in streets^ forbidden,, . , . ,
FIRE DEPARTMENT. See engineers and enginemen,

members of, to be 18 years of age, ., .o .,. = .. ,

rules and regulations for, to be established by engineers, ,

compensation of , » , » » . . . o .,...» = ,,,,..,.
FIRE POLICE AND PROTECTION COMFANlf,,

pay of,..,,,, o,,.,,, „,,,..,, o,o,o ;.,..,,

officers of, ,,,,.,...,,..,. c ,,,,.... , ... .
FOUNDBRY OB FURNACES.

how built, ,.,...,...,,,.,,...,.,.. o <.., »

petition for, to contain speoificatiojaa,. ..,,..

buildings already erected not to be used for, unless,-
proviso, ,.,.....,,.,.

license for, how granted, . , . , ,

to be recorded, , o o , . , ,

penalty for violations, ..,,.■.,
FRUITS, fobbing trees, forbidden,. ,

penalty for,, . ,.....,..,.. ,

.48

,,48

0.48

,A8

.,59 20

,,61

0,85

,.65 15

0,65 17

,,99

,.99

.,87

,.87

..87

■59

,60 25

Page. Sec.
FURNACES. See founder]/.

GAMING, 14 17

GARDENS, robbing fruit from, forbidden, 59 19

penalty for, 60 25

GOFFSTOWN, act annexing parts of, 28 —

GUNPOWDER, may be regulated, 14 17

houses for storing, how built, 87 1

petition for, to contain , . , 87 2

buildings already erected not to be used for, unless proviso, 87 4

license for, how granted, 88 5

to be recorded. , • 88 6

penalty for violations, „ 88 7

GUNS, discharge of in streets, forbidden, , 59 20

HAY, weighers of, to be appointed, 73 1

scales, may be established, 84 1

places for stands, to be assigned, 84 2

places for stands designated, ..85 3

penalty for selling off the stand, or without being weighed, 85 4

fees for weighing, 85 6

weigher? to attend personally and give certificate, &c 86 7

to keep acCTunt, 86 7

to settle quarterly, 86 7

com pensation of, 86 7

cer ■ if cats, what shall constitute, , , 86 8

HEALTH '-'lard of, how and when appointed , 66 4

m v-' aialce regulations for the preventions and removal of

nu .=ances, 67 5

to oi approved by mayor and aldermen, &c., . ...» 67 5

di' cies of, relative to nuisances, 67 6

- ni •-: J give notice to remove, 67 7

r.: jceedings when order is not complied with, 67 7

zi: }ij command assistance, 67 8

vsnalty for resisting, , 67 8

;viay remove without notice, when, .68 9

expenses of removal, how recovered, ... 68 10

penalty for leaving offensive matter in streams, 68 11

pena,lty for erecting privies, hog pens, &c., , 68 12

■privies, how and when opened, .69 13

penalty for violations, 69 14

city physician, duties and compensation, .69 15

Page. Pec.

HEALTH officers, salary of, 77 8

HOOK AND LADDER. See enginemen, <^c.

HOOPS AND STAVES, oullera of appointed, 73 1

HORSES, running at large, forbidden. See cattle, 81 1

HOSEMEN. See enginemen and fire department.

HOUSE OF CORRECTION, keeper of, chosen, 73 1

ICE, on sidewalks, to be removed, 57 8

when thrown into streets to be broken up, 58 11

See streets.

IDLE PERSONS. See truants.

IMPOUNDING of cattle and horses going at large 82 3

INFECTIOUS DISEASES. See health.

JACKS, running at large. See cattle 81 1

LAMPS, injury to, forbidden, 59 19

penalty for, 60 25

LEATHER, sealers, &c., of, 73 1

term of oflGice, , 73 2

LEWD, &c., songs and words in the streets forbidden, 59 18

LICENSE, to encumber streets, &c. ^qq streets 55 2

for steam engines and furnaces. Sea steam mills 88 5

LUMBER, surveyors of, to be chosen, . . . , 73 I .

term of office, 73 2

MANURE, cordera of, to be appointed, 73 1

MARSHAL, CITY, and assistant, when and by whom appointed, .49 1

to take oath and give bonds, 49 1

rank of, 50 2

general duties of, 50 3

duties of, relative to public health, 51 4

duties of, relative to unlawful practices, 51 5

at fires, 51 6

captain of watch, &c. , 52 8

may be removed, how, 53 10

to pay over fees, ... .53 12

to keep account of all moneys received and pay same to

city treasurer, 53 12

to devote his whole time, &c., 53 13

duties of, relative to streets, 50 3

duties of, relative to awnings or shades, 58 16

salary of, 53 14

salary of assistant, 53 15

112

Page. Sec,

MLYQE, how ohaBm. ... ^ . ^ o , c c c . o c /^'^V^ fi^'is o. i ,,..... , 6 7
ease of remsal to accept^ ^ <, = » . « « . . c c c. . .■ o . <, . o'c. » . . c r. = « o » 6 7
vacancy, bj deatii or otherwises how filledj . . . » c o « . o ^ . . o c 6 '1

to b6 sworn, o o „ e . o 6 , . o „ . . o o .. c o o . > o « c = = o . o . c o ., . c c , o 7 8

to ba chief esecafcive officers—powers of, c = » <. « c .- « , ^ ^ c =. » o . 8 9
3x officio chairiaan of board of overseers, « « . ^ . o « = <. c = c . o « = 8 ■ 9'
plurality of yotes to elect, . » c c . « o c . . = < .- < . « » o o o o o <, « » „ - « .25 1
to draw orders on treasury, when, o .<,<,. e .... = o o o oo o .. o46 6&7
duties and salary of, .» o^.. ^c . c .». o c »,.«<. o c o « oo .... ^ , 74 1
witili aldermen to be one board, . « c c . . » c . « « « » . , o . o « o < . .- <, 9 10
with aldermen to have powers of selectmen, . » » o . . . o » . » . « o 9 11

MAYOR AND ALDERMEN, with common couacil, to have
■ eminent of city, . c . . o . . c . . = . . o . , . . » . , » . . . <
to give notice to mayor elect of his election, . <■ <. ^ . . <> .
duties of, in case of no choice, &e.,-. o . . c . . c . « » o > . o »
duties of, in case of vacancy by death, "fee, . c c » = o c . < .
sittings to be public, escept when on executive business,,
to have appointment of police, &s. , . . . o . . . , . . » „ . . .
members of, not eligible to any office of emolument, .
to call general meeting of eitiaens, when,.. ..,■,. = c . »

to appoint city marshal, . c » o ..«<,,. o ........ e ... o «

may remove marshal or deputies,. . . „ i . . . i „ . . » . . . „ .

MEASURERS,-sealer of, to be chosen, ......... .........

• atone, brick, plastering, painting, leatherj coal, &c.,
term of office, ....... c ...... ................... .

MISSENGER, OITY, to be chosen, ;.......... o ... . > . . . .

term of office,.. . ............. c .« . . . ....... ..... .

duties and salary of, ........... . ... ...........

MODERATOR, to be chosen,— .powers and daties of, ..... .

compenisation of ,...... = ...........■............ .

MULES, running at large, forbidden, . ..................

See catile.

NIGHT-WALKERS, marshal may demand business of, ... .

NUISANCES, may be regulated, ...... o ............... .

prohibition against erecting buildings for certain purposes,

■ without a license, ........... o ....,...'....,..... 66 1

license from board of health for buildings already erected, •

exceptions, ... ^ ... c ..•: .... o < o .. ................ 66 2

penalties, how recovered, . o . .... = .. .......<..«.... .... 66 3

board of health to make regulations respecting, ... o ....'.. 67 5

gOY-

.... 3

..0. 6

.... 6

»s,.. 9

. . . 9 11

CO.. 21 21

o,.„ 6

....49

-1

C...53

....73

..0.73

....73

. : .73

....76

.... 5

....78

..,.81

. > . . 52

....14

113

Page. Sec

NUISANCES, board of health to examine into, 67 G

board of health to remove, 68 9

liow and w^ieu to be removed, 67 7

if owner does not remove, to be removed at his expense, and

how such expense shall be recovered, 63 10

See health.

OFFICERS, of citj receiving moneys to pay same into treasury,. 47 9

to report all moneys received to city clerk once in 3 months, 47 10

ORDINANCES, all by-laws to be styled ordinances, 42 1

enacting style of, 42 1

to be engrossed, 42 2

book for, how made and kept, 42 2

to be published, 43 3

by-laws repealed, 92 1

rope.il not to afiaet certain cases, 92 2

rerisad ordinances not to be published, 92 3

revised ordinances, when to take effect, 92 4

OVERSEERS OF POOR, how and when elected 22 25

vacancies in board, how filled, . .» 22 23

duties, 22 25

salary of, 77 10

to appoint clerk, 77 11

duties of clerk , 77 11

salary of clerk, 77 11

OXEN", running at largo, forbidden, 81 1

drivers of, to k-jep with and have command over, GO 2i

See cattle.

PHYSICIAN, to board of health, appointment, duties and sala-
ry of, 69 15

PISTOLS, discharge of in streets, forbidden, 59 20

PLATFORMS, not to be above level of sidewalks, 58 4

POLICE COURT, establishment of, 11 16

where held, 100 1

justice of how appointed, ; ...11 16

jurisdiction of, 11 16

judge, to pay over fines, &c., 11 16

Avhen to be holden, 13 8

Sfl^jml Justice of, how appointed, and pay of, 13 8

Judges salary, . , ly 8

Judge to keep record and make returns, 13 8

114

Page. Sec,

POLICE COURT, judge to make report of fees and money received, 13 8

POLICE OFFICERS, appointment of,. . 53 11

term of office, 53 11

to pay over fees to city marshal, 53 12

may order persons standing in groups on sidewalk to move

on, 57 9

pay of, 54 17

to be numbered, 103 1

PORTICOS, not to extend on sidevfalk, &c., unless, 56 4

POSTS, injury to, forbidden, 59 19

penalty for, 60 25

POUND-KEEPERS, to be chosen, , 73 1

term of office, 73 2

PRIVIES, regulated. See health 68 12

RACING, may regulate, 14 17

RECEIPTS AND EXPENDITURES, annual statement of, 48 13

REPORTS, annual. Qqq finance.

of city treasurer to city council once in six months, 47 11

of city marshal, to repoait to mayor and aldermen once in

three months, 50 3

of police justice, 13 8

RESTORATORS, not to be opened on Sunday, 70 1

RIOTS, 14 17

ROCKETS, discharge of in streets, forbidden, 59 20

SCALES, hay, may establish. See hay, •. 84 1

SCHOOL COMMITTEE, when and how chosen, 22 25

vacancies in, how filled, 22 23

salary of, .77 9

SEAL, CITY, what shall be, design of, 43 1

SEALERS of weights and measures, leather, &c., to be chosen,. ..73 1

■ term of office, , 73 2

SELECTMEN to be elected in each ward, ■. 5 4

compensation of, 77 12

SEWERS AND DRAINS, 71 1

to be guarded, when, 56 5

abutters may enter on obtaining license, 7 J 1

rates for entering, — proviso, 71 2

how constructed, i^ff^ 72 3

permit forfeited, when 72 4

SHOWS, &c., 14 17

115

Page. Sec.

SHOWS, &c. , prohibited without license, 97 1

license for, how obtained, 98 2

penalty for violations, 98 3

SHOPS, blac}iS7niths\ may be regulated,. 14 17

of all kinds to be closed on Sunday — exceptions, 70 1

penalty for, . . v 60 25

SIDEWALKS. See streets.

SIGNS, injury to, forbidden, 59 19

penalty for, 60 25

SLAUGHTER-HOUSES, may be regulated, 14 17

not to be erected, unless,. 87 3

buildings already erected not to be used for, unless, 17 4

license for, how granted, 88 5

penalty for violations. 88 7

SMOKING, in streets on Sunday, forbidden, 71 2

penalty for, 71 4

SOLICITOR, for city, to be chosen, 73 1

term of office, .' 73 2

duties of, 75 3

salary of, 76 4

STEAM-MILLS, may be regulated, 14 17

how built, 87 1

petition, board of aldermen for license, 87 2

petition for, what shall contain, 87 2

buildings already erected not to be used, for, unless ^ proviso ,87 4

license for, how granted, 88 5

to be recorded, 88 6

penalty for violations, 88 7

STEPS, not to extend into streets or sidewalks, 56 4

STONE, measurers of, to be chosen, 73 1

term of office, 73 2

STRAW, weighers of, to be chosen, 73 1

term of office, 73 2

See hay.

STREETS, may regulate, 14 17

city marshal, duties of, relative to, 50 3

not to be obstructed, unless, 55 1

license to obstruct, &c., how granted, 55 2

when obstructed, how guarded and repaired, 55 3

cellar doors, doorways, steps, &c., in, regulated, 56 4

IIG

Page. Sec.

STREETS, putting rubbish into, regulated, 57 6

placing of coal and firewood in, regulated, 57 7

ice and snow to ba removed, &c., 57 8

sidewalks, not to stand in groups on, 57 9

carriages, &c., on, forbidden, 60 22

ice and snow on, to be removed within 6 hours, &c., 57 8

in Elm street, 80 4

grade of, in Elm street, 80 5

STREETS, obstructing streets bj removing buildings, forbidden,. 57 10

ice and snow thrown into, to be broken up, &c., 58 11

flagging-stones, obstruction of, forbidden, 58 12

driving without bells in winter, forbidden, 58 13

smoking in, on Sunday, forbidden, 71 2

awnings or shades, permitted under regulations, 58 14

constructed otherwise, to be removed, 58 15

city marshal's duty relative to, 58 lu

indecent or disorderly conduct in, forbidden, 59 17

throwing stones .and snowballs in. forbidden, 59 17

lewd and profane songs or words in, forbidden, 59 IS

injury to fences, walla, posts, signboard.*, lamps, lamp-
posts, &c., forbidden, 59 19

discharge of fire-arms in, forbidden, ,53 20

bathing in water adjoining to, forbidden, 59 21

rate of driving in, prescribed, GO 2'

horses and oxen passing through to be kept under command, 60 24

penalty for violations, 6.' 23

superintendent of, to be chosen, 73 1

term of office, 79 2

duties of, 7) 3

may be transferred to any other person, when, 79 3

to guard highways &c., 80 G

compensation of^ 81 7

SUNDAY OR LORD'S DAY.

stores, warehouses &c., to be closed, except, • . . .70 1

duration of, 71 3

penalty for violations, 71 4

SUPERINTENDENT OF STREETS. See streets 73 1

alms house, city farm &c., 73 1

burials, 73 1

duties of, 98 1

117

Page. Jicc.

STTPfiRINTENDENT, term of office, ........ r 75 2

SURVEYORS OF LUMBER, to be chosen, 73 1

term of office, ,,,.,.<,., » • • 73 2

SWINE, See cattle, ^ .81 1

TAXES, collector of, act in rolation,« ,....,...., .27 —

collection of, .,.,.,............... = • 100 1

when paid, . «....„,... .o, ° • • 101 2

discount on payment of, , , » 101 2

collector to give notice, 101 <i

shall give notice when poll tax is not paid, ..101 4

. TREASURER, of city, to be elected,. ....................... .22 2-3

when cho||^,. .....,.,„.<,...,,... ,,...,.... 73 I

term of omoe, ....................<... 73 2

eo give receipt for money received, .................... -47 10

receipt to be filed with city clerk, ..................... 47 10

to keep books of accounts, ...,,. .... ................ 47 II

to report condition of treasury to city council once in six

months,. ................................... .47 11

to close all accounts on let of February,. ............. .49 15

salary of, ....... ..o ............ o ,,.,..,..<......... 76 6

TREASURY, money drawn from, how, , ... ........... . ..... 40 5&7

TREES, injury to forbidden,. . ,, 59 19

penalty for,. ......... ...................... « -60 25

TRUANTS, habitual, act of legislature, 1863, adopted, 89 i

justice of police court eo have jurisdiction,. ............. .90 2

' persons appointed to make complaint, 90 3

children between 6 and 16 years of age, liable,. 90 4

may be placed in institution of instruction, 90 5

school committee to provide such institution, .90 6

may establish house of reformation, proviso, . . . ■. 90 7

persons employed to have suitable compensation, 91 8

fines and fees arising from, to be paid into treasury,. ... .91 9

VACANCIES, in offices to be filled in April, how filled, 73 2

VOTERS, to reside in wards .3 months, 5 3

VOTES, return of, for mayor, 6 7

WALLS, injury to, forbidden, .59 19

penalty for, .60 2

WARDS, division of,. . , 4 2

towns for certain purposes, 5 3

WARRANTS, where returnable, 12 —

118

Page. Sec.

WATCHMEN, when and how appointed, 52 7

to give notice of fires, 51 6

duties of, 52 8

to wear badges, &c., 52 19

to pay over fees, 53 12

pay of. 54 18

night, pay of, 54 19

WEIGHERS OF HAY AND STRAW, to be chosen, 73 1

to be appointed by city council, 85 5

term of office, 73 2

to attend at scales, keep account, &c. , 85 6

See hay and straw. .fjii^

WEIGHTS, sealer of to be chosen, .^. 73 1

term of office, 73 2

WELLS, not to remain uncovered, 56 4

to be guarded, vrhen, 56

WARE-HOUSES, to be closed on Sunday, 70 1

penalty if not, , 71 4

WOOD, corders of to be chosen, 73 1

term of office, 73 2

sellers of to have certificate of sworn surveyor, 83 1

certificate to express quantity, &c., 83 2

surveyor to keep copy and return to mayor and aldermen, . 83 2

penalty for selling wood not measured, 84 3

WORK-SHOPS, to be closed on Sunday, 70 1

penalty for not, 71 4

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